09/27/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 27,2023 Mr. Morris said that the spa is considered a structure, and if it is 120 sq. ft. or under it would have to be setback 5 ft. from the property line similar to a shed, and is included in lot coverage. Mr. Reidy read the Board of Health comments into the record dated September 19, 2023; "To remain 3 bedrooms, title 5 inspection required for change in footprint". and the Conservation Department comments; "Not in wetlands jurisdiction. " Chairman Bonvie noticed that there is a fence located in the rear of the property extending onto the abutting property. He asked the Board for their comments. Mr. Furbush said that a letter from New Seabury be submitted, or the homeowner's remove the fence. Attorney Kirrane will accept a condition to remove the fence from the reserve area,or a letter from New Seabury that there are no issues if the Board approves the project. Mr. Morris does not have any issues. Mr. Ganzenmuller asked if the house was one story. Attorney Kirrane said yes. The house was built in 1966, and is one story. Ms. Sangeleer made a motion to close the public comment. Mr. Ganzenmuller, second. All were in favor. Mr. Reidy made a motion that the Board issue a Written Finding to Owners, Stanislav and Irina Berdichevsky under §174-17 of the Zoning Bylaws to allow for construction of an addition, extension, and alteration to a pre-existing, non-conforming structure on property located in an R- 3 Zoning District, Map 111,Parcel 65, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan — Prepared for: Stanislav Berdichevsky, 9 Running Light Way, Mashpee, MA. Scale: 1" = 10', Date: October 19, 2021, Prepared by Warwick & Associates, Inc. Signed and stamped by: Gary S. Labrie,No.: 40039 Registered Land Surveyor, dated 7/22/23. 3. Building Plans: 9 Running Light Way, Mashpee, MA. Prepared by: Berdi Consulting, Structural Engineering, Date: 09/18/2023, A100: Basement, A101: First Floor, A102: Second Floor, A103: Roof Plan, A104: South Elevation, A105: North Elevation, A106: West Elevation. 4. Conditioned on all Town Department comments read into the record. Including but not limited to the Board of Health and Conservation Department comments. 5. Any changes to the plans will require the applicant to return to this Board. 2