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MASHPEE ZONING BOARD OF APPEALS
NOVEMBER 9, 2011
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, November 9, 2011 at 7:00 p.m. in Conference Room #1 at Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Judith M. Horton were present. Board Member Ronald S. Bonvie was not present. Associate Board Member John M. Dorsey was unable to attend due to serious illness. Building Commissioner Richard E. Morgan attended the meeting.
Chairman Robert G. Nelson opened the meeting at 7:00 p.m. and announced that the meeting was being televised live. He also stated that Associate Board Member Judith M. Horton would be voting on the Petitions in place of Board Member Ronald S. Bonvie.
PLEDGE OF ALLEGIANCE
NEW HEARINGS
Peter J. Russo: Requests a Special Permit under Sections 174-24.C(9) and 174-25.D(2) of the Zoning By-laws to allow for a dental office and related services on property located in an I-1 zoning district at 759 Falmouth Road Unit 1 (Map 81 Parcel 29 Ext. 1) Mashpee, MA. Petitioner has requested Withdrawal Without Prejudice of Petition.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Judith M. Horton.
On October 31, 2011, the ZBA office received a request from the Petitioner requesting Withdrawal Without Prejudice of his Petition. Mr. Nelson made a motion to grant the request. Mr. Furbush seconded the motion. Mr. Reiffarth voted yes. Ms. Horton voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Mr. Nelson voted yes. Vote was unanimous.
James L. Galvin, III, Trustee: Requests a Written Finding under Section 174-17 of the Zoning By-laws to allow for addition of a garage with a loft to a pre-existing, non-conforming dwelling and construction of a swimming pool on property located in an R-3 zoning district at 27 Popponesset Island Road (Map 105 Parcel 263) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Judith M. Horton.
James L. Galvin, III, Trustee: Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front setback requirements to allow for addition of a garage with a loft to a dwelling and construction of a swimming pool on property located in an R-3 zoning district at 27 Popponesset Island Road (Map 105 Parcel 263) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Judith M. Horton.
Submitted material: Photos of the property and Title V Septic Inspection Form.
Attorney Kevin M. Kirrane and Architect Gregory Siroonian represented the Petition. Mr. and Mrs. Galvin also attended the meeting. Plans call for construction of an attached two-car garage with a loft above. The 24x25’ garage addition will be located approximately 16 feet from Popponesset Island Road which is closer to the street than the existing dwelling. Plans also call for installation of an in-ground swimming pool on the property. The pool will be located approximately 19 feet from Compass Circle. Due to the unusually shaped lot, which is bounded by public ways on three sides, Attorney Kirrane said that application of current setback criteria substantially limits the available space for further development of the site.
Attorney Kirrane submitted photos showing that the house and deck on the abutting property are situated closer to Popponesset Island Road than the Petitioners’ dwelling. He said that the proposal will not be out of character with the neighborhood. He stated that the relief may be granted without detriment to the neighborhood or to the Town.
The November 8, 2011 Board of Health memo regarding the proposal: “The existing leaching facility will accommodate the proposed loft.” Attorney Kirrane submitted a copy of the Board of Health Title V Inspection Form dated November 8, 2011.
Mr. Siroonian addressed Mr. Reiffarth’s questions concerning the lot coverage calculations. The Board discussed the Variance relief needed to allow for the proposal.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant the Written finding and the following Variance relief:
- a 21.5-foot variance from the front setback requirements from Compass Circle to allow for the pool.
- a 4.6-foot variance from the corner of the garage to Compass Circle to allow for the garage.
- a 24.22-foot variance from the front setback requirements to Popponesset Island Road to allow for the garage.
Findings:
- the proposal is not substantially more detrimental to the neighborhood than what currently exists.
- addition of the garage improves the available parking.
- the irregularly shaped lot creates a hardship to conform to setback requirements.
- Because the subject property is surrounded by streets, it has two front setbacks.
- the proposal has received Board of Health approval.
The Decisions are conditioned upon compliance with the following:
- Conservation Commission approval.
- Board of Health approval.
- Warwick & Associates, Inc. plan entitled: “Site Plan Proposed Garage and Pool For James L. Galvin III, Trustee, 27 Popponesset Island Road, New Seabury, Mashpee, Mass. Date: 04/25/2011, Rev: 09/16/2011”.
- RESCOM Architectural Inc. plan entitled: “Floor Plans & Site Plan. The Galvin Residence 27 Popponesset Island Road New Seabury, Mashpee, Massachusetts. Date: 08-16-11”.
Mr. Furbush seconded the motions. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous.
James and Katrina A. Cannatelli: Request a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of an addition to a pre-existing, non-conforming dwelling on property located in an R-5 zoning district at 29 Sheffield Place (Map 29 Parcel 178) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Judith M. Horton.
Material submitted: Photos of the subject property and subdivision plan.
Ms. Jean Bowden of Capizzi Home Improvement represented the Petition and submitted photos of the subject property. She stated that the Petitioners would like to add an 18x16-foot great room/family room to their pre-existing, non-conforming dwelling. She said that the property is surrounded by plenty of open space and woods. The proposed addition will not be visible from the street, back or right side of the dwelling.
Mr. Nelson commented that the certified plot plan shows part of the subject property lies within the layout of the road. Ms. Bowden submitted a copy of the subdivision plan. She said that she conducted a search at the Barnstable County Registry of Deeds, but she did not discover any takings by the Town on the subject property. Although Mr. Nelson said the plan should define the layout of Sheffield Place and reflect the conditions as they exist today, he also said that these details would not prevent the Board from reaching a Decision on the proposal.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant a Written Finding. Findings:
- that the proposal is not substantially more detrimental than what currently exists.
- there is sufficient parking and setbacks as may be required.
This Decision is conditioned upon compliance with:
- MacDougall Surveying & Associates plan entitled: “Certified Plot Plan (For Proposed Addition) Located at: 29 Sheffield Place, Mashpee, MA. Prepared for Applicants and Board of Appeals: James & Katrina Cannatelli. Date: December 07, 2007. Revised: August 25, 2011”.
- Capizzi Home Improvement plan entitled: “Proposed Addition Cannatelli Residence 29 Sheffield Place, Mashpee, Massachusetts. Date: 6-24-11. Final revision date: 8-17-11”.
Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Mr. Reiffarth voted yes. Vote was unanimous.
John J. and Susan L. Foley: Request a Special Permit under Section 174-45.4 of the Zoning By-laws for permission to construct an accessory apartment onto an existing dwelling on property located in an R-5 zoning district at 33 Leather Leaf Lane (Map 79 Parcel 41) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Board Member Judith M. Horton.
Ms. Jean Bowden of Capizzi Home Improvement represented the Petition and stated that plans call for construction of an accessory apartment to the existing dwelling. The apartment will consist of one bedroom with a sitting area and small kitchenette to accommodate elderly parents. At 504 square feet, the accessory apartment will be 33.5% of the total living area of the home. On September 20, 2011, the Plan Review Committee approved the proposal with the following conditions:
- 6-foot case opening on the proposed den to be shown on the plan.
- square footage calculations for the proposed accessory apartment and existing structure to be shown on the plan.
- parking and driveway to be shown on the plan.
- smoke and fire detectors to be shown on the plan.
The November 8, 2011 Board of Health memo states: “The existing leaching facility limits the dwelling to three bedrooms. A 6’ wide (cased opening) entranceway into the existing den will be required.”
Mr. Nelson observed that the photos show a car parked on the grass and said that the parking issue must be resolved in order to provide the required parking spaces. Section 174-45.4(F) of the Zoning By-laws requires at least one off-street parking space to be provided for the accessory apartment, in addition to any other off-street parking requirement.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant a Special Permit to allow for the accessory apartment. This Decision is conditioned upon the following:
- the driveway shall be widened to 20 feet in width in the area from the building out towards Leather Leaf Lane for a distance of 30 feet.
- Building Department approval and final Certificate of Occupancy.
- Board of Health approval.
- Eastbound Land Surveying, Inc. plan entitled: “Certified Plot Plan. Foley Residence 33 Leather Leaf Lane, Mashpee, MA. Date: 7-28-2011. Certified signature Robb Sykes, P.L.S. 8-29-2011”.
- Capizzi Home Improvement plan entitled: “Foley Residence 33 Leather Leaf Lane, Mashpee, Massachusetts. Date: 2-15-11. Final Revision Date: 9-29-11”.
Mr. Furbush seconded the motion. Ms. Horton voted yes. Mr. Reiffarth voted yes. Mr. Nelson voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Vote was unanimous.
OTHER BUSINESS
Accept October 26, 2011 Minutes
Mr. Furbush made a motion to accept the Minutes. Mr. Blaisdell seconded the motion. Ms. Horton voted yes. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous.
Calendar – 2012 ZBA Public Hearings Dates
FILING DEADLINE DATES |
PUBLIC HEARINGS DATES |
FILING DEADLINE DATES |
PUBLIC HEARINGS DATES |
December 16, 2011 |
January 11, 2012 |
June 1, 2012 |
June 27, 2012 |
December 30, 2011 |
January 25, 2012 |
June 15, 2012 |
July 11, 2012 |
January 13, 2012 |
February 8, 2012 |
June 29, 2012 |
July 25, 2012 |
January 27, 2012 |
February 22, 2012 |
July 13, 2012 |
August 8, 2012 |
February 17, 2012 |
March 14, 2012 |
July 27, 2012 |
August 22, 2012 |
March 2, 2012 |
March 28, 2012 |
August 17, 2012 |
September 12, 2012 |
March 16, 2012 |
April 11, 2012 |
No meeting/Yom Kippur |
September 26, 2012 |
March 30, 2012 |
April 25, 2012 |
September 14, 2012 |
October 10, 2012 |
April 13, 2012 |
May 9, 2012 |
September 28, 2012 |
October 24, 2012 |
April 27, 2012 |
May 23, 2012 |
October 19, 2012 |
November 14, 2012 |
May 18, 2012 |
June 13, 2012 |
November 16, 2012 |
December 12, 2012 |
Mr. Nelson made a motion to adjourn the meeting. Mr. Blaisdell seconded the motion. All voted in favor. Meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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