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MASHPEE ZONING BOARD OF APPEALS
<br />JUNE 26, 2013
<br />MINUTES
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<br />Diana M. Leccese and William Ferner: Request Special Permit under §174-33 of the
<br />Zoning By-laws and MGL Chapter 131 §40 concerning any building or structure, exclusive of
<br />fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty
<br />(50) feet from any water or wetland to allow for construction of a new addition and deck on
<br />property located in an R-3 Zoning District at 44 Barbary Circle, (Map 96 Parcel 104G),
<br />Mashpee, MA.
<br />
<br />Sitting on this particular hearing are Board Members, Jonathan Furbush, Bill Blaisdell, Ron
<br />Bonvie, Judith Horton, and John Dorsey.
<br />
<br />Mr. Steven Cook, owner of Cotuit Bay and Design, LLC, introduced himself the Board and is
<br />representing the petitioners. Mr. Ferner, homeowner was also present. He stated he is
<br />proposing to construct a new family room 11 feet by 30 feet on the same foot print and add an
<br />8 foot by 20 foot deck with stairs heading down to the Mashpee River. Both the addition and
<br />the proposed deck are within the 50 foot buffer from the top to coastal bank. This project was
<br />approved by Conservation and Section AA plans show to stabilize the bank with plantings and
<br />a timber wall. The top of the coastal bank is also 50 feet away from the mean high water and
<br />is a 22 foot grade from the top of the bank down to the marsh below. All construction will
<br />match the existing conditions and is not more detrimental to the neighborhood.
<br />
<br />Mr. Bonvie asked the landscape height of the timber walls and if new or existing. Steve stated
<br />the timbers are new and measuring a foot to 20 inches depending on the grade below.
<br />
<br />Mr. Bonvie would like to see order of conditions from Conservation in the future prior to
<br />approving plans. Mr. Bonvie made a motion the Board issue to Diana M. Leccese and
<br />William Ferner a Special Permit under §174-33 of the Zoning By-laws and MGL Chapter 131
<br />§40 concerning any building or structure, exclusive of fixed or floating piers, wharves, docks,
<br />bridges or boardwalks, shall be set back at least fifty (50) feet. Note: this dock is setback 6
<br />feet thus looking for alteration requirement of 44 feet, from any water or wetland to allow for
<br />construction of a new addition and deck on property located in an R-3 Zoning District at 44
<br />Barbary Circle, (Map 96 Parcel 104G), Mashpee, MA.
<br />
<br />Also, reference a site plan dated May 23, 2013 showing house improvements for 44 Barbary
<br />Circle prepared for Diana Leccese & Bill Ferner in Mashpee. Plan scale 1” = 20’, project
<br />number 13008, cad file name: 13008SP, drawing by: L.M., sheet 1 of 1. Also referencing a set
<br />of plans for new addition/remodeling for: Ferner Residence, 44 Barbary Circle, Mashpee, MA
<br />drafted by Cotuit Bay Design, LLC, 44 Brewster Road, Mashpee, MA. Scale ¼” = 1’-0”,
<br />dated 5/23/2013, Sheet A1 and A2. This is also subject to written approval from Conservation
<br />and issued to the Zoning Board prior to start of construction.
<br />
<br />Mr. Bill Blaisdell seconded the motion to approve, yes, Votes: Mr. Furbush, yes, Mr. Bonvie,
<br />yes, Ms. Horton, yes, and Mr. Dorsey, yes. All were in favor.
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