08/23/2023 ZONING BOARD OF APPEALS Minutes

Home Browse Search

AUGUST 23, 2023 MASIIPEE ZONING BOARD OF APPEALS MEETING MINUTES The Board needs to find there are no new non-conformities being created, and that there is sufficient parking. There will be a gravel driveway installed to provide sufficient parking for two vehicles, and the project is not substantially more detrimental to the neighborhood than what exists today. Chairman Bonvie asked if the easement depicted on the site plan that runs through the property was excluded from lot coverage. Mr. Rivera stated that there are two easements for purposes of calculating lot coverage. The easement that is more than 20 ft. wide was excluded from the lot coverage. There's an easement in the front of the property, and there's a 10 ft. wide easement that goes through the entire property all the way to the water. The easement that runs through the property does not get deducted from lot coverage. The Board had a discussion regarding a shed located within the easement that is 2 ft. off the property line and should be 5 ft. from the property line. Mr. Rivera said that the homeowners want to keep the shed, and it's pre-existing. Chairman Bonvie has concerns with the shed within the easement because it's considered a paper road and that some people have certain rights to travel along that easement. Mr. Furbush stated that he likes the project, but would like to see the shed removed or relocated and not closer to the water, and not to create a new non-conformity. Attorney Kirrane said if the Board conditions the shed to be removed or relocated, he would ask that he is not required to return for a modification to the plan. Mr. Furbush read the Board of Health comments dated August 15, 2023 into the record; "3 bedroom house, septic is design properly, no comment. Conservation Department comments dated August 15, 2023 into the record; "This project was approved by the Conservation Commission. " Chairman Bonvie polled the Board for any further comments. There were no more comments. Mr. Morris said that the Board has a valid point regarding the easement. He said that the shed is in a flood zone and needs to be secured. Mr. Furbush made a motion to close the public comment. Mr. Reidy second. All were in favor. Mr. Reidy made a motion that the Board issue a Special Permit to Owners, Thomas R. and Laurie L. Fordham under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing, non- conforming single family dwelling and replace it with a new single family dwelling on property located in an R-3 Zoning District,Map 124 Parcel 52,Mashpee,MA with the following conditions: 2