07/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 10, 2024 Mr. Matthew Haney, Trustee of the SN and Gooseberry Island Trust. He stated that he is a direct abutter, and he spoke for a length of time discussing the Town bylaws. He provided the Board his letter dated April 21, 2024, and believes the Board lacks the authority to grant the petition. He summarized the contents of the letter that also included photos of the property. He then recited the building code definition;"any construction or renovation to an existing structure other than a repair or an addition." He finds it hard to believe that a cabana is considered an extension of a pool. Chairman Bonvie asked for other audience and Board comments. There were none. Attorney Kirrane consulted with his client, and he agreed to remove the cabana from the application. He disagreed with Mr. Haney's determination. Attorney Kirrane stated that it is a pre- existing, nonconformity and is more than 4 ft. from the lot line. Mr. Furbush asked Mr. Bonvie if he had any issues with enclosing the porch. Mr. Bonvie does not have any issues with anything but the cabana. Attorney Kirrane formally asked to withdraw the application for the cabana, and to allow the two additions of this single-family residence. Mr. Bonvie stated that he relies on the comments provided by the Building Commissioner/Zoning Enforcement Officer. The Board will require a revised site plan. Mr. Bonvie asked for a motion to close the public hearing. Mr. Blaisdell so moved. Mr. Furbush second. All were in favor. Mr. Bonvie asked for a motion on the petition. Ms. Sangeleer made a motion that the Board issue a Written Finding to Owners, Robert Allen Wolpe and Michelle A. Wolpe under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of two additions, and a detached pool cabana on property located in an R-3 Zoning District, at 84 Punkhorn Point Road, Map 100, Parcel 5, 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 Robert Allen & Michelle Wolpe, 84 Punkhorn Point Road, Mashpee,MA. Sheet No: 1 of 1,Date: March 5, 2024,Revised: 4/9/24—Revise Mitigation Calculation and Proposed Mitigation, Remove Proposed Putting Green, 5/22/24 — Added Dimension from existing deck to street, 7/2/24 — Add Septic Reserve Area To Plan. Stamped and signed by Raul Lizardi-Rivera, and Matthew C. Costa, Cape & Islands Engineering. 3