MASHPEE ZONING BOARD OF APPEALS
MINUTES
APRIL 27, 2011
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, April 27, 2011 at 7:00 p.m. (Conference Room #3) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth attended the meeting. Board Member John M. Dorsey and Associate Members Peter R. Hinden, Ronald S. Bonvie and Judith M. Horton were not present.
Chairman Robert G. Nelson opened the meeting at 7:00 p.m. and announced that only four Board members are present. Mr. Nelson explained that the Petitioners can choose to continue their hearing when more Board Members are present to deliberate on their Petition. All of the Petitioners decided to proceed with the four Board members sitting.
OTHER BUSINESS
Habitat for Humanity of Cape Cod, Inc.: Requests a Comprehensive Permit under Massachusetts General Laws Chapter 40B to allow for construction of a single-family home on property located in an R-3 zoning district at 24 Russell Road (Map 120 Parcel 129A) Mashpee, MA. Owner of record: John L. and Cynthia J. West. Continued from February 9, February 23, March 23, 2011 Public Hearings and closed to Public Testimony at April 13, 2011 Public Hearings.
Due to Town Hall computer problems, the ZBA office was unable to forward documents regarding this Petition to Town Counsel for an opinion. Mr. Nelson made a motion to continue the hearing for this Petition until May 11, 2011. Mr. Furbush seconded the motion. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Mr. Nelson voted yes. Vote was unanimous.
ZBA office to notify Petitioner.
CONTINUED HEARINGS
Jeffrey T. and Christine J. Dennis: Request a Variance from Section 174-31 of the Zoning By-laws to vary the front, side and lot coverage requirements to allow for construction of a deck onto an existing home on property located in an R-5 zoning district at 19 Park Road (Map 1 Parcel 13) Mashpee, MA. Continued from April 13, 2011 Public Hearings to allow Petitioner an opportunity to submit revised plan showing reduction of deck size and lot coverage.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth.
Mr. and Mrs. Dennis represented their Petition and said that plans have been revised with reduction of the deck size and removal of the existing shed. Proposed lot coverage is 25%.
Mr. Nelson said that the average setback rule can be used. Mr. Blaisdell said that the Petitioner has put forth a great deal of effort to address the Board’s concerns.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant the Petitioner the following:
- using the average setback rule, a Variance of 20.6 feet from the front setback requirements.
- a Variance of 16.06 from the southerly side setback requirements.
- a Variance of 5% from the lot coverage requirements – an increase from 18% to 25%.
Finding: sloping topography of the subject lot.
This Decision is conditioned upon removal of the existing shed from the property and upon compliance with Eastbound Land Surveying, Inc. plan entitled: “Certified Plot Plan, Dennis Residence 19 Park Road, Mashpee, MA, Revision Note: Per Board Comments 4/13/2011, Date: 4-20-11, Robb Sykes, P.L.S.”.
Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous.
NEW HEARINGS
Peter Costill: Requests a Special Permit under Section 174-25.H(7) of the Zoning By-laws for permission to construct a boathouse on property located in an R-3 zoning district at 37 Monomoscoy Road West (Map 114 Parcel 11) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth.
Peter Costill: Requests a Variance from Sections 174-31 and 174-33 of the Zoning By-laws to vary the land space requirements and the setback requirements from water or wetland to allow for construction of a boathouse on property located in an R-3 zoning district at 37 Monomoscoy Road West (Map 114 Parcel 11) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth.
Mr. John Slavinsky represented the Petitioner, who also attended the hearing. The boathouse will be used to garage a boat. The building will be 14 feet in height and will include electrical service. Mr. Slavinsky said that the long and narrow shape of the lot restrict location of the boathouse. Erosion mitigation calls for rebuilding of the existing log wall.
Mr. Furbush said he didn’t like the proposal being so close to Overland Road. Mr. Slavinsky said that the Conservation Commission issued an Order of Conditions in July 2008. The Commission does not want the area between the staked hay bales, the beach, the salt marsh and ACEC to be disturbed. Ms. Delores Southwick owns the private sandy beach.
Mr. Nelson questioned how the Petitioner accesses the water without going over someone’s property. Mr. Slavinsky said that Conservation Commission By-law permits access to the area between the high water mark and beyond the tidal area.
The Board of Health prohibits installation of any plumbing service to the boathouse.
Mr. Costill said that he lives at 11 Antunes Road and has lived in Mashpee all of his life. Mr. Nelson said that the Petitioner cannot keep an eye on the property from his home and expressed concern that the proposal would be an attractive nuisance for children.
Mr. Costill said that he tows his larger boat down to the boat landing to a mooring in the water. He keeps a rowboat on the little beach to access the larger boat. Mr. Costill said that he and several of his neighbors leave their small boats on the Town-owned landing
Mr. George Leach, a direct abutter at 30 Overland Road, said that Overland Road is a private road and is only 8 feet wide. He said that his family installed the road in the 1960’s, which they continue to maintain today. Mr. Leach said that he does not have a problem with a small structure, but is afraid that a large structure such as a garage can be used as a weekend retreat.
Mr. Jonathan Ellis represented the Southwick family, a direct abutter. He said that they object to the proposal because the boat will be taken over their property in order to access the water. Mr. Ellis said that in 2008, the Conservation Commission conditioned that no boat shall be pushed over the bank to access the water. .
Mr. Nelson said that the Board’s jurisdiction is what lies within the property lines; not whether or not an individual trespasses onto another property.
Mr. Slavinsky said that he will arrange for a meeting with the Conservation Commission Agent to see if the proposal can be relocated. He asked the Board to continue the Petitions when there will be more than four members sitting.
Attorney Brian Wall represented Mr. Jack Carter who resides at 17 Monomoscoy Road West. Attorney Wall said that the applicant is not eligible for a Special Permit under Section 174-25.H(7) because a boathouse is not specifically mentioned in the By-law nor does the By-law use the phrase “other uses”. The proposal does not meet the setback requirements. Attorney Wall referred to Section 174-24.C(2) concerning Special Permits. The By-law reads: “A special permit may be issued only following the procedures specified by the General Laws and may be approved only if it is determined that the proposed use or development is consistent with applicable state and town regulations, statutes, bylaws and plans, will not adversely affect public health or safety, will not cause excessive demand on
community facilities, will not significantly decrease surface or groundwater quality or air quality, will not have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, fisheries, public lands or neighboring properties, will not cause excessive levels of noise, vibrations, electrical disturbance, radioactivity or glare, will not destroy or disrupt any species listed as rare, endangered or threatened by the Massachusetts Natural Heritage Program or any known historic or archaeologic site, will not produce amounts of trash, refuse or debris in excess of the town’s landfill and waste disposal capacities, will properly dispose of stumps, construction debris, hazardous materials and other waste, will provide adequate off-street parking, will not cause excessive erosion or cause increased runoff onto neighboring properties or into any natural river, stream, pond or water body and will not otherwise be detrimental to the town
or the area.”
Attorney Wall said that the proposal to use the small sliver of land for a boathouse is not consistent with the Town By-laws. Attorney Wall said that the Petitioner has not established hardship. The Petitioner bought the property in 2002 for $60,000 and was aware of the Zoning By-laws.
Mr. Reiffarth questioned if the subject property is for sale. Mr. Costill confirmed that he is planning to sell the subject property.
Mr. Carter said that he is concerned with setting a precedent for owners who will try to do the same thing with their undersized lots. Mr. Nelson said that these pre-existing lots have existed for decades and they do not necessarily fall under existing zoning. Attorney Wall said that the proposal does not meet the setback requirements, a pre-requisite of grant of a Special Permit. Mr. Nelson said that the ZBA has the authority to grant Variances. Attorney Wall said that this Petition amounts to a request for a use Variance, which Mr. Nelson agreed is not allowed in Mashpee.
Mr. Nelson said that these Petitions will be forwarded to Town Counsel for legal opinion. Mr. Slavinsky agreed to continue the Petitions.
Mr. Blaisdell moved to continue the Petitions until May 25, 2011 to allow for Town Counsel opinion. Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Vote was unanimous.
Jonathan H. Leach, Trustee: Requests a Special Permit under Section 174-51.B of the Zoning By-laws for permission to install a new sign exceeding twenty square feet on property located in an R-5 zoning district at 482 Main Street - Leach Animal Hospital - (Map 27 Parcel 122) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth.
Dr. Leach represented his Petition and said his plans to install a wooden carved figure on top of his Veterinary sign will exceed the 20 square foot size allowed in the By-law. Mr. Paul White of Sandwich will be constructing the entire sign out of wood. Mr. Nelson said that the members of the Design Review Committee were very impressed with the proposal. Design Review Committee agreed that the sign will be decorative and attractive.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant a Special Permit to allow for installation of the sign on the subject property. This Decision is conditioned upon compliance with the April 5, 2011 plan stamped and approved by Design Review Committee. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Vote was unanimous.
Accept April 13, 2011 Minutes
Mr. Blaisdell made a motion to approve the Minutes. Mr. Nelson seconded the motion. Mr. Furbush voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Nelson voted yes. Vote was unanimous.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous. Meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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