08/23/2023 ZONING BOARD OF APPEALS Minutes

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AUGUST 23, 2023 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES 35 James Circle: Owners, Briggs Family Wealth Trust, Peter L. and Patricia.A. Briggs, Trustees request a Variance under §174-31 (Land Space Requirements) of the Zoning Bylaws to allow for construction of an attached garage and vary the side yard setback, and lot coverage on property located in an R-5 Zoning District, Map 71 Parcel 46 (Johns Pond Estates), Mashpee, MA. Sitting on the two hearings were the four regular Board members, and Mr. Reidy. Attorney Christopher Kirrane represented the homeowners for their garage project. Also present was Raul Lizardi-Rivera with Cape and Islands Engineering, and Mr. Briggs, homeowner. Attorney Kirrane mentioned that the variance request for lot coverage is not needed because it is under the 20%requirement.The only request is for the side yard setback.Chairman Bonvie stated he will require a formal withdrawal of that request. Attorney Kirrane is requesting a Variance in the amount of 5.6 ft. from the 15 ft. setback for a proposed garage addition located on John's Pond. There is a severe slope that consists of a 20 ft. drop in the rear of the property could be considered a true hardship. He provided the Board with photographs of the lot in his written presentation.Attorney Kirrane stated that to locate the garage in any other area of the property would be a tremendous undertaking. He believes it meets the bylaw definition to obtain a Variance, and will not be detrimental to the neighborhood. A letter was submitted to the Board from the direct abutter who fully supports the project. Attorney Kirrane also submitted a Written Finding application because the house is pre-existing non-conforming and is within 100 ft. of the inland bank. The front yard setback is also non- conforming. The Board reviewed the site plan and questioned if the garage would accommodate just one car, and if there was a request for a bedroom above. Attorney Kirrane said that the septic system is approved for three bedrooms, and there is no proposal for another bedroom. The Board of Health and the Conservation Departments approved the project. Chairman Bonvie asked why there were no existing contour lines depicted on the plan. Mr. Rivera said that the lines are there, but it's hard to see them because the front yard is flat so it will not produce a contour. Mr. Rivera stated that the line shows the numbers 62 ft. down to 3 8 ft. all the way to the pond in the rear. There will be drywells installed for any garage roof water runoff. Mr. Furbush read a letter dated August 1, 2023 from the direct abutter who supports the project. Mr.Furbush read the Conservation Department comments dated August 15,2023 into the record; "This project was approved by the Conservation Commission. " and the Board of Health comments dated August 15, 2023; "Change in foot print will require a Title 5 inspection. " Mr. Bonvie reviewed the site plan and questioned whether the solid black line on the left side of the lot is a landscape wall. 4