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Zoning Board of Appeals Minutes 06/08/2011
MASHPEE ZONING BOARD OF APPEALS
JUNE 8, 2011
MINUTES

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 8, 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 Board Members Ronald S. Bonvie and Judith M. Horton attended the meeting.  Acting Building Commissioner Charles Maintanis also attended the meeting.  Board Member John M. Dorsey was not present due to illness.  

Chairman Robert G. Nelson opened the meeting at 7:00 p.m. and announced that the Public Hearings were being televised live.

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.

Sitting:  Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Board Members Ronald S. Bonvie and Judith M. Horton.

John McIlhinney, Vice President of Willowbend, said that he wanted to clarify the affect that the new State Permit Extension Act has on the above-referenced Variances.  He said that the Board granted the Petitioner height Variances in 2009 to allow for construction of 3-story villas on Fin Me Oot.  Mr. McIlhinney said that the Board granted 6-month extensions which would expire in October 2010.  The Permit Extension Act extends the Variances an additional two years from the date of the original expiration date.  He said that the Variance on Shoestring Bay that would have expired in 2010 is now extended to December 2012.  Mr. McIlhinney stated that the Variance on Fin Me Oot was scheduled to expire in April 2010 and was granted an extension to December 2010.  

Mr. Nelson said that the Permit Extension Act extends any permit in effect during the qualifying period from August 15, 2008 to August 15, 2010.  The Act specifically states that the new expiration date is two years from the date that would otherwise mark the end of the lawful term of the permit.  Mr. Bonvie suggested that the Petitioner should submit a list of dates for each property with the expiration date to the ZBA office.  Mr. McIlhinney agreed to submit the list.       

CONTINUED 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.  Continued from April 27, 2011 and May 25, 2011 Public Hearings for Town Counsel opinion and revised plans.

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.  Continued from April 27, 2011 and May 25, 2011 Public Hearings for Town Counsel opinion and revised plans.

Sitting:  Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Board Member Ronald S. Bonvie. Mr. Bonvie confirmed that he had executed the requirements pursuant to Article 21 in order to qualify to sit on the Petitions and he signed the written certification.

Mr. John Slavinsky of Cape & Islands Engineering represented the Petitioner and said that the proposed boathouse has been reduced in size and relocated.  The Conservation Commission has approved the project.  

After discussing the plans at length, Mr. Blaisdell made a motion to grant the Special Permit.  Mr. Reiffarth seconded the motion.  Mr. Nelson voted yes.  Mr. Bonvie voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Mr. Reiffarth voted yes.  Vote was unanimous.

Mr. Blaisdell made a motion to grant the following Variance relief:
  • 9 feet from the setback requirements from water and wetlands.
  • 4 feet from side setback to Town-owned property.
  • 28 feet from the front setback requirements from Overland Road
  • 26 feet from the front setback requirements from Monomoscoy Road West.
Findings:  Corner lot with two front setbacks, soil conditions and topography.  Mr. Reiffarth seconded the motion.  Mr. Nelson voted yes.  Mr. Bonvie voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Mr. Reiffarth voted yes.  Vote was unanimous.

These Decisions are conditioned upon compliance with Cape & Islands Engineering Plan entitled: "PROPOSED BOATHOUSE LOCATED IN MASHPEE, MASS. PREPARED FOR PETER COSTILL, DATE: MAR.31.2008, REV'D MAY 15, 2008, MAY 20, 2008 JULY 11, 2008, MAY 15, 2011, MAY 31".

NEW HEARINGS

Joan M. Allegrini:  Requests a Finding of Fact under Section 174-17 and Rebuild of destroyed or damaged non-conforming structure under Section 174-20 of the Zoning By-laws and a Finding under M.G.L Chapter 40A Section 6 in order to raze and replace a pre-existing, non-conforming structure on property located in an R-3 zoning district at 146 Waterway (Map 105 Parcel 236) Mashpee, MA.

Joan M. Allegrini:  Requests a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the front setback requirements, the lot coverage requirements and the setback requirements from water and wetlands to allow for construction of a new dwelling on property located in an R-3 zoning district at 146 Waterway (Map 105 Parcel 236) Mashpee, MA.

Sitting:  Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Member Judith M. Horton.

Materials submitted: Photos, landscape plan and plantings  report by Talbot**

Attorney Kevin M. Kirrane and Mr. John Slavinsky from Cape & Islands Engineering represented the Petitioner.  Plans call for demolition and replacement of the existing structure along with installation of a pool and screened porch on the subject property.  Attorney Kirrane submitted photos of the existing dwelling along with a landscape plan and plantings report developed by Michael Talbot.  Removal of a large portion of the lawn with more environmentally sensitive native vegetation will eliminate fertilization and chemical treatment discharge into the nearby creek and marsh.  

The lot is a pre-existing, non-conforming lot located in an R-3 zoning district.  The lot does not meet the lot size requirement of 40,000 square feet nor the frontage requirement of 150 feet.  The dwelling does not meet either the 40-foot front setback requirement or the 50-foot setback requirement from water and wetlands.

Under Section 174-17, the Board must make specific findings in order to grant a Special Permit - that the proposal is not substantially more detrimental to the neighborhood than the current condition; that there is sufficient parking; that there is adequate land area to provide setbacks as the Board may require.  Parking is currently provided for in the right-of-way.  The proposal is an improvement because it will provide parking on the property.  

Another improvement will be replacement of the existing cesspool with a new Title V septic system.  The Board of Health has approved a septic system for a 4-bedroom home on the subject property.

The Petitioner is seeking Variance relief from the front setback and lot coverage requirements and the setback requirements from water and wetlands.  The lot slopes severely from Waterway to Popponesset Creek.  Presence of the Coastal Bank on most of the lot and actually running through the existing structure makes it impossible to develop the lot without Variance relief.  The proposal meets the side and rear setback requirements.

Attorney Kirrane said that the proposal will significantly enhance the value of neighboring homes and will most likely generate more tax revenue for the Town.  He also stated that the proposal is consistent with other projects in the area.

Mr. Furbush questioned if the backyard is ever flooded.  Mr. Slavinsky said that there is no overflow on this property.  He said that the elevation on this lot is higher than the elevation on other abutting lots that experience flooding.  

Mr. Nelson questioned if the Board of Health has approved the plans to locate the septic system underneath part of the driveway.  Mr. Slavinsky said that the proposed location of the septic system is to accommodate the parking areas.

Mr. Reiffarth expressed concern with increase of the current lot coverage going from 12% to the proposed 21.2%.  Mr. Slavinsky said that lot coverage calculation includes the screened porch, deck, pool and the two-foot wide trough.  The stone patios were not included in that calculation.

No comments were received from abutters.

Mr. Bonvie stated that the Allegrini's are friends of his and wants the record to show that he did not ask any questions nor did he participate in the conversation.  

Mr. Blaisdell made a motion to grant the Finding of Fact under Section 174-17 and Rebuild under Section 174-20 and a Finding under M.G.L. under Chapter 40A Section 6.  Findings:  Proposal is not substantially more detrimental than existing conditions.  There is sufficient parking.  The Petitioner also met the criteria for grant of a Variance.
Mr. Nelson seconded the motion.  Ms. Horton voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Mr. Nelson voted yes.  Mr. Reiffarth voted yes.  Vote was unanimous.

Mr. Blaisdell made a motion to grant the following Variance relief:
  • 1.2% Variance from the lot coverage requirements.
  • 9.3-foot front setback Variance.
  • 50-foot setback Variance from water and wetlands.
Findings: irregular topography of the lot, soil conditions.  The Petitioner also met the criteria for grant of a Special Permit.  Mr. Nelson seconded the motion.  Ms. Horton voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Mr. Nelson voted yes.  Mr. Reiffarth voted yes.  Vote was unanimous.

These Decisions are conditioned upon the following:
  • Board of Health approval of the curved portion of the driveway.
  • Removal of the shed from the subject property.  
  • Cape & Islands Engineering plan entitled: "PROPOSED SITE PLAN LOCATED IN MASHPEE, MASS. PREPARED FOR LAWRENCE PEARCE, DATE:APR13, 2011, REVD.MAY
  • 22, 2011 COASTAL BANK LOCATION".     
  • Talbot Ecological Land Care plan entitled: "PEARCE CONSERVATION LANDSCAPE PLAN, Larry & Joan Pearce 146 Waterway, Mashpee, Massachusetts, Date:5/24/2011".
Richard T. Miller:  Requests a Finding of Fact under Section 174-17 of the Zoning By-laws regarding continuance, extensions and alterations to allow for installation of footings with alteration of an existing deck on a pre-existing, non-conforming structure on property located in an R-3 zoning district at 44 Little Neck Lane (Map 105 Parcel 13) Mashpee, MA.  

Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Member Ronald S. Bonvie.

Mr. Sean Dicataldo represented the Petitioner and stated that plans call for bringing the footings up to a 10-foot distance from the house and then to cantilever two feet past the footings.   

The Petitioner filed a Request for Determination of Applicability (RDA) with the Conservation Commission, which the Commission approved given the insignificant size and impact of the proposal.  

Mr. Reiffarth expressed his concern about footings being placed onto the retaining wall.  Mr. Dicataldo said that the footings will be placed close to the wall, not on it.  The rest of the deck will be cantilevered.  He said that a rough calculation of the lot coverage comes to 20%.

Mr. Nelson said that four of the footings will be 10 feet from the concrete wall and two will be 14 feet away.

Mr. Maintanis said that a deck can be cantilevered as long as it meets the building code.  

After some discussion, the Board determined that it would not require submission of a signed and stamped engineering plan from this Petitioner.

No comments were received from abutters.

Mr. Blaisdell made a motion to grant a Finding of Fact.  Findings:  The proposal is not significantly more detrimental to the neighborhood than what currently exists.  Conservation Commission has approved the proposal.  This Decision is conditioned upon compliance with submitted plan entitled: "44 Little Neck Lane, Mr. Rich Miller".  Mr. Bonvie seconded the motion.  Mr. Furbush voted yes.  Mr. Bonvie voted yes.  Mr. Reiffarth voted yes.  Mr. Nelson voted yes.  Mr. Blaisdell voted yes.  Vote was unanimous.

Robert D. and Grace Varney: Request a Special Permit under Section 174-45.4 of the Zoning By-laws for permission to construct an accessory apartment in an existing home on property located in an R-5 zoning district at 64 Hilltop Road (Map 41 Parcel 56) Mashpee, MA.

Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Member Judith M. Horton.

Mr. and Mrs. Varney attended the meeting to represent their Petition.  Mr. Varney said that their Petition meets all the requirements for grant of a Special Permit for an accessory apartment.  The accessory apartment will be constructed in the basement of the existing home.  At 517 square feet the proposal will be a little less than 33% of the total square footage of the 1600-square foot home.  There are three means of egress for the apartment.

Mr. Nelson said that he visited the property and there is sufficient parking.  He also said that the property is immaculate and well-kept.  He stated that the home’s appearance is that of a one-family home.

Mr. Maintanis explained that the Building Department keeps records of all homeowners who have legalized their accessory apartments.  The Building Department sends out notices and requires the homeowners to certify the accessory apartment on an annual basis.

The Board of Health has approved the proposal contingent upon a septic inspection.  Mr. Maintanis said that the Fire Department and the Building Department will schedule a joint inspection of the property.   

No comments were received from abutters.

Mr. Blaisdell made a motion to grant the Special Permit.  Findings:  The proposal is less than 33% of the total square footage of the home. There is sufficient parking.  This Decision is conditioned upon the following:
  • Fire Department inspection.
  • Building Department inspection.
  • Septic system approval from the Board of Health.
Mr. Nelson seconded the motion.  Mr. Horton voted yes.  Mr. Furbush voted yes.  Mr. Reiffarth voted yes.  Mr. Blaisdell voted yes.  Mr. Nelson voted yes.  

Barbara G. Milton, et al, Trustee:  Requests a Special Permit under Section 174-45.4 of the Zoning By-laws for permission to construct an accessory apartment in an existing home on property located in an R-3 zoning district at 352 Mashpee Neck Road (Map 90 Parcel 97) Mashpee, MA.  Opened, not heard.  

Mr. Nelson said that Design and Plan Review Committee found numerous problems with the proposal and recommended that the ZBA open and continue the Petition.  This will allow the Petitioner an opportunity to address the following serious defects with the proposal:
  • the site plan does not match the floor layout plan.
  • there are outstanding taxes on the property.
  • the floor layout for the main floor is suspect.
  • septic inspection is needed.
  • Fire Department and Building Department inspections are needed.
Mr. Maintanis said that the Petitioner is experiencing a great deal of difficulty understanding the permitting process in order to submit the required documentation.  Mr. Maintanis suggested that the Board could continue the Petition until July 13, 2011 Public Hearings.  

Mr. Blaisdell made a motion to continue the Petition until July 13, 2011.  Mr. Furbush seconded the motion.  Ms. Horton voted yes.  Mr. Nelson voted yes.  Mr. Bonvie voted yes.  Mr. Blaisdell voted yes.  Mr. Reiffarth voted yes.  Mr. Furbush voted yes.

OTHER BUSINESS

Mashpee Housing Authority and Housing Assistance Corporation: Request Review of Modification of Site Plan for Comprehensive Permit allowing for construction of Breezy Acres Phase II consisting of ten affordable residential rental housing units on property located in an R-5 zoning district at 570 Old Barnstable Road (Map 72 Parcel 100) Mashpee, MA.

Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Member Ronald S. Bonvie.

The Petitioner is proposing the following changes to the plans:
  • shift Building Two to face the parking lot.
  • change the main entrance in the first unit in Building One.
  • remove bike shed.
  • add bulkheads to the basements.
  • add a pre-wiring for an automatic door opener for the handicap unit.
  • add storage in the handicap unit.
  • change layout in a couple of units to add more dining space and natural light.
  • modify the range hoods to vent to outside.
After reviewing the older, approved plans and comparing them with the proposed new plans, the Board decided that all of the changes are minor in nature.

Mr. Blaisdell made a motion to accept the changes as minor in nature, based on a plan from Architects Brown Lindquist Fenuccio & Raber Architect, Inc. and Civil Engineers and Landscape Architects Horsley Witten Group entitled: “PROPOSED BREEZY ACRES EXPANSION FOR HOUSING ASSISTANCE CORPORATION & MASHPEE HOUSING AUTHORITY 570 OLD BARNSTABLE ROAD, MASHPEE, MA ISSUED FOR SPRING 2011 ONE-STOP APPLICATION 4/14/2011”.  Mr. Reiffarth seconded the motion.  Mr. Bonvie voted yes.  Mr. Reiffarth voted yes.  Mr. Nelson voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Vote was unanimous.

Accept May 25, 2011 Minutes
Mr. Blaisdell made a motion to accept the Minutes.  Mr. Furbush seconded the motion.  Ms. Horton voted yes.  Mr. Bonvie voted yes.  Mr. Reiffarth voted yes.  Mr. Nelson voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Vote was unanimous.

Mr. Blaisdell made a motion to adjourn the meeting.  Mr. Furbush seconded the motion.  Ms. Horton voted yes.  Mr. Bonvie voted yes.  Mr. Reiffarth voted yes.  Mr. Nelson voted yes.  Mr. Furbush voted yes.  Mr. Blaisdell voted yes.  Vote was unanimous.  Meeting was adjourned at 9:00 p.m.

Respectfully submitted,


Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals

** All materials submitted during the hearings can be found in the ZBA office files.