12/14/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR WITHDRAWAL OF A VARIANCE Owners, Christopher P. Funk and Donna M. Funk 5 Sheffield Place (Map 29 Parcel 150) Mashpee, MA 02649 V-2022-53 Mr. Goldstein said that the concrete apron is not part of the setback, and if the setback is 30 ft. there should be enough room to place the shed. Mr. Morris said a neighbor brought this the shed issue to his attention. He said that the pool and shed do not require a construction supervisor's license. The size of the shed requires a 15 ft. setback. Mr. Bonvie also discussed the site plan dated Sept. 30, 2022 depicting an issue with another shed and fence located in the rear that abuts Town property. Mr. Bonvie said that he is fine with the request for the new shed, but he cannot approve a plan that shows an encroachment on Town property. A new plan would need to be presented to the Board depicting the shed and fence either removed or relocated. Ms. Funk said that her husband had a conversation with someone in the Conservation Department, and they did not encourage moving the fence at this time because it would disrupt the root system of the arborvitaes along the fence. Mr.Bonvie said that in order for this shed to be issued a certificate of compliance for the Variance, a revised plan would have to depict the existing building in compliance with the zoning setback required by the Zoning Enforcement Officer,and the fence showing the same.The new shed would also have to meet zoning. The old shed in the rear would have to be moved 5 ft. off the property line, and the fence moved onto the property line. Mr. Bonvie polled the Board, and all agreed that the old shed in the rear needs to be moved 5 ft. or greater off the property line, and to move the fence so it's on the property. The Board would require an as-built/site plan depicting these requested changes, and to return to the Board. Mr. Bonvie suggested that the application either be withdrawn without prejudice or extended. Ms.Funk requested to withdraw the application without prejudice,and will reapply when a revised site plan is completed. In view of the foregoing, the Board accepted the request for withdrawal. Upon motion duly made and seconded at the Public Hearings on Wednesday, December 14, 2022, the Zoning Board of Appeals voted unanimously to accept the withdrawal of the Variance request without prejudice by Owners, Christopher P. and Donna M. Funk under §174-31 of the Zoning Bylaws to vary the side yard setback to allow for a 200 sq. ft. shed on property located in an R-5 Zoning District, at 5 Sheffield Place, Map 29 Parcel 150, Mashpee, MA. MASI PEE 'TOWN CLERK EC 0' W 1 2