02/23/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 23, 2022 3. Conditioned on all Town Department comments read into the record. 4. The Board issues a Variance setback from the wetlands is in the amount of 5 ft.the allowed setback from wetlands is 50 ft., and the total amount sought is 45 ft. 5. Conditioned that any and all changes to the plans will require the applicant to return to the Zoning Board of Appeals. 6. The Building Commissioner requested that a building permit will be required and all inspections obtained prior to the use of the said stairs. Mr. Gould seconded, yes Mr. Blaisdell, yes, Mr. Goldstein,yes, Mr. Bonvie, yes, Mr. Furbush, yes. All were in favor of the Variance request. 162 Whippoorwill Circle: Owners, Stewart M. Dobson and Barbara A. Dobson request a Variance under §174-31 of the Zoning Bylaws to vary the height of a single family residence on property located in an R-3 Zoning District, Map 125 Parcel.140, Mashpee, MA. Attorney Kevin Kirrane represented the homeowners of the Variance request relative to the height of a recently reconstructed building structure on their property. The Board granted a Variance back in 2018.As provided in his written presentation the bylaw Section 174-17.1 had not yet been adopted and did not have the Special Permit criteria. The Building Commissioner at the time felt that every project that called for a raze and replace required variance relief if it was situated on a non-conforming lot. The applicant applied for variance relief and received a Variance to raze and replace a single family structure on this non-conforming lot. The building has been completed since June of 2021 and does not have a Certificate of Occupancy because of the height issue. The building is 1.8 feet higher than the permissible 35 ft. height restriction in this particular zoning district. As some point during the construction process a mistake was made. A foundation was installed and it was inspected. Attorney Kirrane was advised by the builder that he engaged in the services of an engineer to go to the site and give him the parameters for the frame based upon the elevation of the foundation at the time. Subsequently, that same engineer provided certifications as to the height of the building (attached in the written presentation). There was a frame inspection conducted by the Building Inspector and Attorney Kirrane was with him at the inspection. At that time,there was no indication that there was a zoning violation relative to the height of the building. 9