MASHPEE ZONING BOARD OF APPEALS
MINUTES
MAY 11, 2011
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 11, 2011 at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Members Peter R. Hinden, Ronald S. Bonvie and Judith M. Horton attended the meeting. Board Member John M. Dorsey was absent due to serious illness.
Mr. Nelson opened the hearings at 7:00 p.m. and announced that the meeting was being televised live.
CONTINUED HEARINGS
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 – tentative address) 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 and other technical problems, the ZBA office was unable to forward documents to Town Counsel in time for an opinion. Mr. Furbush made a motion to continue the Petition until May 18, 2011 at 5:00 p.m. to allow Attorney Costello an opportunity to submit a written opinion for the Board’s review. Mr. Blaisdell seconded the motion. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Mr. Hinden voted yes. Ms. Horton voted yes. Mr. Bonvie voted yes. Mr. Blaisdell voted yes. Mr. Nelson voted in opposition. Motion was passed.
DISCUSSION
Willowbend Country Club, Inc.: Requests discussion of status of Variances under the Massachusetts Permit Extension Act on the following properties: 4 Fin Me Oot (Map 62 Parcel 171); 36 Shoestring Bay Road (Map 84 Parcel 33); 19 Simons Road (Map 69 Parcel 183.A); 25 Simons Road (Map 62 Parcel 170); 31 Simons Road (Map 62 Parcel 169) Mashpee, MA.
Due to scheduling conflict, the Petitioner requested a continuance to June 8, 2011 of the discussion. Mr. Furbush made a motion to continue the discussion until June 8, 2011. Mr. Blaisdell seconded the motion. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Hinden voted yes. Mr. Furbush voted yes. Ms. Horton voted yes. Mr. Bonvie voted yes. Motion was unanimously passed.
NEW HEARINGS
Jeremy N. Stevenson, et al, Trustees: Requests a Special Permit under Section 174-25.I(9) to allow for construction of a pier, ramp and float that will extend across a total of more than seventy feet of coastal beach, coastal bank, salt marsh or bordering vegetated wetlands on property located in an R-3 zoning district at 431 Monomoscoy Road (Map 124 Parcel 53) Mashpee, MA.
On May 5, 2011, the ZBA office received a letter from the Petitioner’s Agent requesting continuance until May 25, 2011 to allow time for Conservation Commission approval. Mr. Nelson made a motion to continue the hearing until May 25, 2011. Mr. Blaisdell seconded the motion. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Ms. Horton voted yes. Mr. Hinden voted yes. Mr. Nelson voted yes. Mr. Furbush voted yes. Motion was unanimously passed.
Raymond P. Esper: Requests a Finding of Fact under Section 174-17 to allow for construction of a hip roof and to increase the size of an existing porch onto a pre-existing, non-conforming dwelling on property located in an R-3 zoning district at 11 Childs Road (Map 114 Parcel 92) Mashpee, MA.
Material submitted: Copies of Plot Plan of proposal, Mortgage Inspection plan, Building Permit: BP-2011-0068, Bruce Devlin Architectural Design Plans.**
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Ronald S. Bonvie.
Mr. Carl De Lorme represented the Petition and submitted copies of the proposal to each of the Board members. He said that the new owner of the property is currently making renovations to the home. The building permit calls for roof, window, door and sidewall replacements, along with a kitchen remodel. Mr. De Lorme asked the Board for a Finding of Fact to allow for the proposal. The new deck will fit on top of the existing cement patio, with an overhang of an additional 18 inches. Mr. De Lorme said that installation of cement tubes to support the foundation under the porch will provide for a better and safer construction. The proposed hip roof will cover the porch. The lot coverage will increase from 30.9 to 31.8%. Encroachment into the setback from Childs Road would increase from 16.1 feet
to 14.6 feet. The existing shed is 6 x 8 feet.
Mr. Nelson said that an abutting home is much closer to the street than the proposed 14.6 feet. He commented that the extension of the roof over the porch makes sense from an aesthetic point of view and will fit in with the rest of the renovations. Mr. Nelson also stated that the proposed increase in lot coverage is de minimis.
Mr. Furbush took issue with the proposal because the home is squeezed in between other houses which are already crowded together. Mr. De Lorme said that the Petitioner is trying to make the limited space more functional and complementary. He said that a crumbling brick chimney, an outside shower and a decaying cement patio in the rear, along with several dilapidated trees were removed from the property. The Board agreed that the renovations have improved the appearance of the home.
Mr. Bonvie questioned the proposed number of steps from the porch, which does not appear on the plan. Mr. De Lorme said that it will be only 2 or 3 steps.
Mr. De Lorme mentioned the letter from Mr. Paul C. Danielle, a direct abutter at 225 Monomoscoy Road, in support of the proposal. No other comments were received from abutters.
Mr. Nelson made a motion to grant a Finding of Fact to allow for the proposal. Findings:
the proposal shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood, and that there is adequate land area to provide sufficient parking as may be required. Mr. Bonvie seconded the motion. Mr. Furbush voted yes. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Bonvie voted yes. Motion was passed unanimously.
This Decision is conditioned upon compliance with Sweetser Engineering Plan entitled: “11 Childs Road As-Built Plot Plan Mashpee, Mass. Lots 657 & 658, PL. BK. 27 Pg. 27, Date 4/12/11, Job 7017-00”.
Susan Taylor, 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 a C-2 zoning district at 502 Main Street (Map 27 Parcel 157) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Ronald S. Bonvie.
Mr. Andrew Nixon, owner of The Fitness Company, represented the Petition and stated that the new signage will replace the existing sign utilizing the same posts in the same location. Although the Petitioner did not appear to represent the Petition, the proposal received Design Review Committee approval at its April 19, 2011 Meeting.
Mr. Nelson clarified that total square footage of any sign must include the posts, calculating the footage from the outside end of one post to the outside end of the other post. Mr. Nixon did not know the total square footage of the sign including the posts.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant a Special Permit to allow for the proposal. The sign must be installed on the existing posts. Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Motion was passed unanimously.
OTHER BUSINESS
Accept Minutes of April 27, 2011
Mr. Nelson made a motion to accept the Minutes. Mr. Blaisdell seconded the motion. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Mr. Bonvie voted yes. Mr. Hinden voted yes.
Mr. Nelson said that although Town Meeting voted to pass the Article authorizing the ZBA Chairman to designate ZBA alternates to the Design Review Committee, the ZBA must wait for approval by the Attorney General. Town Clerk Deborah Dami stated that Attorney General approval may take as long as September 2011.
Mr. Nelson made a motion to adjourn the meeting. Mr. Furbush seconded the motion. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Bonvie voted yes. Ms. Horton voted yes. Mr. Nelson voted yes. Mr. Furbush voted yes. Mr. Hinden voted yes. Meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
** All material submitted during hearings can be found in the ZBA office files.
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