09/14/2022 ZONING BOARD OF APPEALS Minutes (2)

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MA PIPEE ZONING BOARD OF APPEALS MEETING MINUTE SEPTEMBER 14,2022 Sitting on this hearing are the four regular Board members as well as Mr. Caggiano. 58 Triton War.: owners, Kevin A. and Denise J. Petitti, Trustees request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for an alteration, extension of an existing deck and pool on property located in the R-3 and New Seabury Zoning Districts, Map 127 Parcel 85, Mashpee, MA. Attorney Christopher Kirrane representing the owners of 58 Triton Way. He provided a site plan and highlighted the work area in color that depicts the alterations being performed. This is an application that pertains to removal of an existing pool, and replacing with a new pool and deck. The existing deck outer boundaries are marked in yellow and the proposed reconfigured deck is marked in pink. The pool is within the existing deck. The applicants seek a written Finding under §174-17 for an alternation, extension of an existing non-conforming structure. This lot is located in the New Seabury Special Permit area which is not applicable to current day zoning. However, the Building Commissioner requested that this project be before the Board because the project is within the 50 ft. wetland buffer zone. The Conservation Commission approved the project with an order of Conditions. The work area is not getting any closer to the 50 ft. setback because it is pre-existing,and will not be substantially more detrimental than the existing non-conform structures in the neighborhood. Additionally, the lot coverage is being reduced from 25.9% to 24.2%. Attorney Kirrane mentioned that the work was not within the 50 ft. setback from wetlands, it would have not required relief from the Board. The Board had no more comments. There were no comments from the audience. Mr. Reidy read the Board of Health comments and Conservation Comments into the record. Mr. Bonvie made a motion that the Board issue a Written Finding to owners, Kevin A. and Denise J. Petitti of 58 Triton way under §174-17 and §174-33 of the Zoning Bylaws to allow for an alteration, extension of an existing deck and pool on property located in the R-3 and New Seabury Zoning Districts, Map 127 Parcel 85, 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: 58 Triton way, Mashpee, MA. Prepared for Kevin Petitti, Date: June 14, 2022, Rev: July 14, 2022 (Mitigation Gales.), Rev: July 22, 2022 (Lot Coverage), Prepared by: Down Cape Engineering, Inc., Signed and Stamped by Dan Dj ala, P.E., PLS, Date: 7/22/22. 3. Design Plan: Prepared for: Kevin and Denise Petitti, Project: Renovation to existing residence, 58 Triton way, Mashpee, MA. Date: 513122, Scale: '/4" = 1', Prepared by: Duxborough Designs, 34 Clifford Rd, Plymouth, MA. 3