05/22/2024 ZONING BOARD OF APPEALS Minutes (2)

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Robert Allen Wolpe and Michelle A. Wolpe 84 Punkhorn Point Road, Map 100, Parcel 5 Mashpee, MA 02649 FINDING-2024-22 "I also feel that relief of the cabana is debatable for a Written Finding or a Variance. If you look at the setback for the pool, it is 356"and is non-conforming to the front setback and is located entirely within the flood zone. I believe that the law states changes, extensions or alterations may not be made unless there is a Written Finding by the Board of Appeals under the provisions of 174-17. Again, if you feel aggrieved by my decision,you may appeal to the ZBA. " The Board of Health comments were read into the record dated July 8, 2024; "No increase in habitable space. Septic Reserve Area moved to new location. " There were two abutter letters read into the record that were in favor of the project. Chairman Bonvie polled the Board for questions. Mr. Furbush had concerns that the 256 sq. ft. cabana was increasing the lot coverage. The Board had a discussion and would prefer that the cabana be removed because it is increasing the lot coverage. Attorney Kirrane stated that the percent lot coverage is only increasing by 8%.The existing percent lot coverage is 23%by removing the flood zone criteria. The pool is pre-existing, nonconforming and is setback 40 ft. from the front lot line. Mr. Blaisdell stated that the Board has to determine if the application is considered more detrimental than what previously exists. Ms. Sangeleer commented that the size of the cabana would require the same setbacks as a shed. Chairman Bonvie mentioned that the cabana could be removed from the application request. He asked for audience comments. Mr. Matthew Haney, Trustee of the SN and Gooseberry Island Trust. He stated that he is a direct abutter,and he spoke at length 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. He doesn't believe that a cabana is considered an extension of a pool. Chairman Bonvie did not have any other issues with the proposal. There were no other comments from the Board members or the audience. Attorney Kirrane consulted with his client, and agreed to remove the cabana from the application. He formally requested a withdrawal of the cabana from the application, and the Board to allow for the two additions for the single-family residence. 3