01/01/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JANUARY 27, 2016 MINUTES Mr. Furbush read comments from the Board of Health into the record, "Please see the attached letter that is our response to the owner. In my opinion, the septic system is not a concern because our regulation does not give us the right to enforcement of replacing the tank right now. "Tim Gray told one that he has contacted Manny from Ron's Excavation to provide one access on the flow diffusors and provide an estimate to replace the tank with an H-20 load-rated tank. The estimate will be given to the owner to see if she wishes to proceed. The BOH allows the owner to take care of the identified issues with the septic prior to the transfer of property." Mr. Furbush read the letter dated January 14, 2016 addressed to the homeowner signed by Glen Harrington,Health Agent into the record. Mr. Ryther said after the inspection the conditions would be to upgrade the tank, or a slab poured over the tank, or change the driveway, and install a riser over one of the chambers of the leach field. This is not required until transfer of the property. Mr.Blaisdell made a motion to approve the project with all conditions of a Written Finding under both §174-17 and §174-33 including the conditions submitted by the Board of Health, Fire Department, and Inspection Department for the renovation project. Mr. Goldstein, seconded, yes, Mr. Furbush, yes, Mr. DeBarros, yes, Mr. Gould, yes. All were in favor. NEW HEARINGS 120 Surr►mersea Road: Owners, James 1. and Ellen B. Goodman request a Written Finding under §174-17 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R3 Zoning District, (Map 105 Parcel 52), Mashpee, MA. Mr. Kieran Healy, Land Surveyor with BSC Group represented the homeowners to raze and replace the house. The plans he provided show an increase in setbacks to make the property more non-conforming than it currently exists. They are less than the required setbacks but greater than the existing conditions. The existing setback from the street is 3.6 feet, increasing that to 21.2 feet. The existing setback on the North side is 10.2 feet and proposing 10.5 feet. The South side is currently 5.8 feet to 8.4 feet, and on the rear West side increasing the setback from 29.5 to 42.8 feet. They are proposing to move the current deck out of the coastal bank area. Conservation issued an order of conditions and the plans submitted to the Board of Health were approved by Glen Harrington. Mr. Furbush asked about the walkway going down toward the water with stairs, ramp and a float.The petition that was filed does not include a dock structure and will need a separate filing. Mr. Goldstein asked about the measurements of the cupola on the house. Mr. Healy said the house plan shows that this cupola is 35.5 sq. ft. of uninhabitable space and strictly ornamental. The Board had concerns with the different calculations on the site plan compared to the house plans regarding the copula. The height of the house on the site plan shows 33'-7- 3/4" on the house plan, and a calculation of 29.67 ft. on the plot plan. Mr. Furbush asked that the house plans be revised and he will stamp and sign them as part of the conditions. 2