08/23/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner, Briggs Family Wealth Trust Peter L. Briggs and Patricia A. Briggs, Trustees 35 James Circle, Map 71 Parcel 46 Mashpee, MA 02649 V-2023-47 Attorney Kirrane stated the garage project meets the bylaw definition to obtain a Variance, and will not be detrimental to the neighborhood, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Mr. Furbush read a letter into the record dated August 1, 2023 from Mr. Steve McAllister owner of property located at 31 James Circle, a direct abutter in support of the garage project. "Let this letter serve as notice that as next door neighbors of Peter Briggs, we have no issues with the placement of his new garage on his property. We understand that the ZBA may have some reservations regarding the location as it relates to the property line. However, the building will not negatively impact our property or our quality of life. In addition, the landscaping that Mr. Briggs plans to do between the two properties will provide an environmental upgrade over the current situation. We strongly recommend your approval of this new structure. " 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 Mr. Rivera if there were existing contour lines depicted on the plan. Mr. Rivera pointed out that there is a line on the site plan noted at 62 ft. to 38 ft. measurements to the pond in the rear of the property.Mr.Rivera stated that the proposal includes installation of drywells to capture any garage roof water runoff. Chairman Bonvie asked the applicant to explain the line depicted on the plan located on the left side of the lot if it is a landscape wall, and the height of that wall. Mr. Briggs explained that the Board is referring to a decorative wooden planter box that is approximately 2 ft. tall, and can easily be removed. The Board discussed the issue and determined that the homeowner should have a conversation with his direct neighbor. Mr. Morris said he had no issues with the project, and believes that a Variance is allowed given the topography of the lot. Chairman Bonvie polled the Board for further comments. Attorney Kirrane asked the Board for a formal withdrawal for the lot coverage Variance request. The Board motioned and accepted the request for withdrawal of the Variance request for lot coverage of 19.3%because it is under the 20%requirement. 2