07/01/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 28,2016 Mr. Blaisdell read the Board of Health comments into the record that were submitted for the previous hearing on September 14, 2016, "a demo permit checklist to be completed prior to issuance of demo permit." Mr. Bonvie made a motion to issue a Variance in the amount of 8 ft. to the wetlands, and 6.6 ft. from the side yard lot line to the garage, and 20,600 sq. ft. lot size,with the following conditions; The plot plan read into the record as noted, the hand-drawn house plan, titled A6, drawn by Harold Capone, with a note hand-written by David M. Stone, 17 Compass Circle, New Seabury, MA, depicting "we have no objection to the back garage elevation, and we agree to the overall concept of the project." Also conditioned upon a planting plan to be submitted to the Building Inspector prior to occupancy, which clearly depicts a screening comirnencing at the concrete bound of the intersection of Compass Circle, and the lot line abutting Lot 294 starting at that point for a distance of 105 ft. and this plan will depict screening of arborvitaes or something to that nature that is appropriate for the diffusion of light and privacy.The driveway will either be made out of either crushed shells or stone gravel, the Board of Health Comments to address that were read referencing the house is limited to five (5) bedrooms, and the cupola will have no lighting, a demo permit from Board of Health. Mr. Pittsley seconded. All were in favor of the raze and replace project. OTHER BUSINESS -65 Seconsett Point Road- Attorney, Brian Wall to discuss the existence of a kitchen in the boathouse. Attorney Brian Wall addressed the Board to try and resolve an issue that has risen. Two years ago,the Board issued a new written finding and allowed to have a porch built on the primary dwelling. Also, variances were issued by the Board for the boat house and the matter is that it is in a flood zone, so the first floor cannot be habitable, and it's used for storage of boats and other types of equipment. The second floor of the boat house has proposed bedrooms as well as an open common area, and a wet bar with a counter top, and refrigerator. The boat house is substantially completed and the owners were seeking to get a certificate of occupancy, but when the building department inspected the property, the builder, under the owner's approval, decided that the living quarters above the boat house was more suitable than the cottage, and so they took the kitchen out of the cottage and they put a kitchen in the boat house. The Building Department said this is not approved, and the issue becomes where's the dwelling? Attorney Wall viewed that this could be granted because there can only be one primary dwelling on the property. Attorney Wall was asking if the Board agrees that by removing the kitchen from the cottage and putting it into the boat house that there is only one dwelling on the property, and secondly, how can this be straightened out so his client can get a certificate of occupancy, or does the Board disagree and does the kitchen need to be removed. 5