9/14/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 14, 2016 156 Waterway: Owner, Jason Stone requests a Variance from the front yard setback under §174-31 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 Zoning District, Map 105 Parcel 238, Mashpee, MA. 156 Waterway: Owner, Jason Stone requests a Written Finding under §174-17 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 Zoning District, Map 105 Parcel 238, Mashpee, MA. Attorney Kevin Kirrane representing Mr. Stone for the application. He stated that he would like to withdraw the Variance request. He provided the board a narrative, photos of the area and existing house projects, a revised plot plan and house plans. The lot consists of 16,350 sq. ft. of upland area, has 100 ft. of frontage along Waterway and is bounded by Popponesset Creek. The existing 3 bedroom dwelling is situated on the lot, with an accessory float and dock complex. Currently the building conforms to the setback requirements of the side yard and the setback requirements from the front yard. It does not conform to the 50' ft, setback requirements to the wetlands, which was a bylaw adopted long after these house were constructed. The proposal was to construct a new home that will consist of a 4 bedroom dwelling with an accessory pool, and keep the remaining accessory dock, and dismiss the front yard setback Variance for 29.4 ft. After filing the appropriate application it was discovered that the setbacks of the dwelling on either side of this property were situated from. Waterway, and that the dwelling being 27.5 ft. off the front lot line is 26.3 ft. off the lot line. Section 174-31 #6 of the Bylaws states, and allows for front yard setbacks based upon the average front yard setback of the dwellings on either side. This allows for construction of the new dwelling to be within 27 feet of the front property line. The Variance is not necessary with the proposed 29.6 feet of the front lot line. Chairman Furbush questioned the wall surrounding the fire pit that is approximately 2 ft. from the side lot line. Tom Bunker, with BSS Design confirmed that it's not a retaining wall, but is considered a landscape feature seating wall. Tim Luff said the wall is 18 inches high above the average grade. Mr. Mendoza did not see fencing around the proposed in -ground pool. He said that the gate needed to be self-closing and self-locking. Mr. Don Bliss, the builder for the project resides at, 129 Paddock Circle, in Mashpee approached the Board. Mr. Mendoza told him he will require engineering plans for the retaining wall upon permitting. Chairman Furbush read the revised Board of Health comments submitted on September 14, 2016 regarding the revised architectural plans confirming his approval. Cl