MASHPEE ZONING BOARD OF APPEALS
MINUTES
May 12, 2010
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 12, 2010, at the Mashpee Town Hall. Board Members Robert G. Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell, John M. Dorsey and Associate Members Peter Hinden and Ronald S. Bonvie were in attendance.
Chairman Robert Nelson opened the Hearings at 7:00. He made the announcement as required “under our new state regulation” that these Public Hearings are being televised on public television.
INFORMAL DISCUSSION
James N. and Sharon A. DeFrancesco: Request an informal discussion of a minor revision to a plan and/or applying the average setback rule under §174-31.6 of the Zoning By-laws to allow for construction of an addition on property located at 80 Scituate Road, (Map 22 Parcel 79) Mashpee, MA.
Mrs. DeFrancesco addressed the Board and said that she wanted to discuss the possibility of increasing the footprint of the proposed addition by two feet. The Board granted a Variance on this proposal at the April 28, 2010 Public Hearings. She said she would like to apply the average setback rule. She asked if that rule may even have precluded her need for a Variance from the Board. Mr. Nelson repeated to Mrs. DeFrancesco what the Board and the secretary had told her previously. She must submit a certified surveyor’s plan showing the exact location and distance to the street of the abutting houses to her property. Those figures are added together and then divided by two. This calculation determines the average setback rule figure.
Mrs. DeFrancesco said she would contact her engineer and thanked the Board for their time.
NEW HEARINGS
John J. Paulding, Sr., Trustee, Makedo Realty Trust: Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the rear setback requirements to allow for construction of a commercial building on property located in an I-1 zoning district at 64 Industrial Drive (Map 88 Parcel 34) Mashpee, MA.
Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, John M. Dorsey, and Ronald S. Bonvie.
Mr. John Slavinsky from Cape & Islands Engineering represented the Petitioner. He stated that the Board had granted a Variance on the subject property in 2007. The Zoning By-laws call for front setback of 75 feet, side setbacks of 30 feet and rear setbacks of 50 feet. Although the proposed building has been reduced in size, it still does not conform to the rear setback requirements. The proposal will not exceed the 20% lot coverage requirement.
Mr. Slavinsky started to explain the proposed installation and number of parking spaces. Mr. Nelson said that the parking issue lies within the jurisdiction of the Planning Board; not within the jurisdiction of the ZBA.
Mr. Bonvie asked if the Petitioner had presented his proposal at a site review meeting yet. Mr. Scott Jones, who plans to purchase and develop the subject property, said that he attended an informal site review meeting for the purpose of fact finding in preparation for his presentation. Mr. Jones was accompanied by Attorney Daniel Creedon and Realtor Kevin Pepe. Mr. Bonvie asked if any comments or suggestions were made at that time. Mr. Jones said that the only comments came from the Fire Department regarding emergency vehicle access.
Mr. Nelson quoted the findings of the Decision in the Variance granted by the ZBA in 2007. The Variance (V-07-20) reads:
“VARIANCE CRITERIA
Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner.
SPECIFIC FINDINGS
- that relief may be granted without detriment to the public good.
- that relief may be granted without derogating from the intent or purpose of the By-laws.
- that there are circumstances relating to the shape and topography that affect the subject property and not the district in which it is located.
- the subject lot is a corner lot.”
Mr. Nelson said that he did not see any change in the circumstances since that Variance was granted. He asked the Board to render a Decision only on the request for a Variance.
Mr. Nelson asked the Board for their comments. Mr. Furbush asked what percentage of the proposal is industrial and what percentage is office space. Mr. Slavinsky offered a brief clarification.
Mr. Nelson asked for comments from abutters. No comments were received.
Mr. Reiffarth made a motion to grant a Variance of 19.9 feet from the rear setback requirements on the northerly side of the building. This Decision is conditioned upon compliance with Cape & Islands Engineering plan entitled: “Building No. 64 Industrial Drive, Proposed Site Plan Located in Mashpee, Mass. Prepared for Scott Jones. Date: Apr. 16, 2010, File: 205MA, Revd. May 10, 2010 Remove Parking Spaces.” Mr. Nelson seconded the motion. All were in favor.
OTHER BUSINESS
Accept April 28, 2010 Minutes
Mr. Dorsey moved to accept the April 28, 2010 Minutes. Mr. Nelson seconded the motion. All were in favor.
Mr. Nelson informed the Board that Mr. Reiffarth would no longer perform the duties of ZBA Clerk as of July 1, 2010. Mr. Nelson asked the Board to consider nominating another Member of the Board for that position.
Mr. Nelson asked if there was any other business the Board wanted to discuss. No further discussion was requested.
Mr. Nelson moved to adjourn the meeting. Mr. Furbush seconded the motion. All were in favor.
Meeting was adjourned at 7:25 p.m.
Respectfully submitted,
Cynthia Bartos
ZBA Administrative Secretary
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