MASHPEE ZONING BOARD OF APPEALS
JANUARY 11, 2012
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, January 11, 2012 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, James Reiffarth, John M. Dorsey, and Ronald S. Bonvie were present. Board Member William A. Blaisdell and Associate Board Member Judith M. Horton were absent. 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 is being televised live.
PLEDGE OF ALLEGIANCE
Mr. Nelson said that the Board welcomed Mr. Dorsey back after his long absence. The Board wishes Mr. Dorsey good health and continuing recovery.
NEW HEARINGS
Jan E. Morrissey: Requests a Special Permit under Section 174-45.4 of the Zoning By-laws for permission to construct an accessory apartment in an existing dwelling on property located in an R-3 zoning district at 35 Bayshore Drive (Map 108 Parcel 44) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William Reiffarth, John M. Dorsey, and Ronald S. Bonvie.
Mrs. Jan Morrissey represented her Petition and stated that she proposes to construct a one-bedroom accessory apartment in the basement of her home. Mrs. Morrissey stated that the accessory apartment shall be self-contained. No changes to the exterior of the structure are proposed. She said that she is aware that the Special Permit lapses upon sale of the dwelling.
The Board of Health memo states: “the existing leaching facility can accommodate up to a four (4) bedroom dwelling”.
Mrs. Morrissey addressed the following recommendations suggested at the December 20, 2011 Design Review and Plan Review meeting:
- The proposal will meet Building Department requirements to comply with Massachusetts State Building Code 780 CMR Emergency Escape and Rescue openings for the new proposed bedroom in the basement.
- The emergency access window is at grade level and exceeds the minimum size requirements.
- A licensed electrician will install hardwired smoke and carbon monoxide detectors inside and outside of the proposed bedroom.
- There are currently smoke and carbon monoxide detectors on each floor of the dwelling as well as outside each bedroom.
- A septic inspection is scheduled for the week of January 16, 2012.
- Installation of an outside key lock on the slider will enable direct access to the accessory apartment.
- Per Plan Review and Design Review Committee request, the revised site plan shows the existing deck and driveway with four additional parking spaces.
- At 802 square feet, the proposed accessory apartment is less than the maximum 40% allowed (840 square feet) of the 2,100 square-foot dwelling.
- Per the By-law, the Petitioner occupies the primary residence year-round. She will submit the necessary documentation to the Building Department on an annual basis confirming that it is her primary residence.
Mrs. Morrissey said that the previous owner of the parcel received a Variance from the front and side setback requirements to allow for construction of the home on the parcel. She submitted a copy of the 1995 Decision granting a Variance of 4.6 feet from the front setback requirements and a Variance of 3 feet from the side setback requirements. Mrs. Morrissey said that she purchased the parcel in 1997 and built a smaller home within the footprint that the previous owner had proposed. Existing lot coverage is 15.8%.
Mrs. Geraldine Paul, a direct abutter at 39 Bayshore Drive, wrote a letter in favor of the proposal.
Mr. William Malcodi, a direct abutter at 45 Bayshore Drive and President of the Seabrook Shores Homeowners’ Association, sent a letter stating that the Association does not object to the proposal based on the conditions specified in the terms of the Seabrook Shores Declaration of Restrictive Covenants. Acting under the authority of Massachusetts General Laws (M.G.L.) Chapters 40A and 40B and the Zoning By-laws of the Town of Mashpee, the ZBA is neither bound by nor authorized to enforce such restrictive covenants.
Mr. Nelson made a motion to grant the request for a Special Permit, conditioned upon compliance with Cape & Islands Engineering Plan entitled: “House No. 35 Bayshore Dr. Plot Plan of Land Located in Mashpee, Mass. Prepared for David Morrissey. Date:Jan.4,2012”. Mr. Furbush seconded the motion. Mr. Bonvie voted yes. Mr. Dorsey voted yes. Mr. Reiffarth voted yes. Mr. Nelson voted yes. Mr. Furbush voted yes. Vote was unanimous.
Frank J. and Mildred M. Iarossi: Request a Written Finding under Section 174-17 of the Zoning By-laws concerning continuance, extensions and alterations for permission to reconstruct an existing entryway and renovate a portion of the existing deck into a screened porch on property located in an R-3 zoning district at 74 Waterway (Map 105 Parcel 213) Mashpee, MA. Petitioner requests continuance until January 25, 2012 Public Hearings to allow for five member Board to hear the Petition.
Mr. Nelson made a motion to continue the Petition until January 25, 2012. Mr. Reiffarth seconded the motion. Mr. Furbush voted yes. Mr. Bonvie voted yes. Mr. Dorsey voted yes. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Vote was unanimous.
OTHER BUSINESS
Request for Release of Road Covenant: 15 River Hill Road.
Mr. Christian Valle said that in September 2005, he deposited a performance bond with the Town for $28,000 to ensure completion of the roadwork for the above-referenced project. This would allow conveyance of the affordable homes prior to completion of the roadwork. As work was completed, the balance of the bond was reduced. In September 2006, the Town of Mashpee released the remainder of the Bond, except for $1,000, which was to ensure final loaming and seeding of the project.
Mr. Valle said that in the process of selling his home at 15 River Hill Road, an attorney discovered that the Release of the road covenant had never been obtained.
On January 10, 2011, the ZBA office contacted Mr. Charles L. Rowley, engineer for the project, and asked him to visit the site and advise the Board if the road covenant should be released. On January 11, 2011, Mr. Rowley visited the site and sent the following letter to the ZBA office: “This is to confirm that all work was completed at the River Hill project in conformance with the approved plans and that the project site is in excellent condition. It is my recommendation that the covenant securing the road construction be released by the Board.”
Mr. Nelson suggested that Mr. Rowley should be paid for his site visit from the remaining $1,000 of the performance bond. He also suggested that Mr. Valle should request the balance of the bond after Mr. Rowley is reimbursed.
Mr. Bonvie made a motion to release the road covenant. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Dorsey voted yes. Mr. Furbush voted yes. Mr. Bonvie voted yes. Vote was unanimous.
Distribute: Cape Cod Commission Decision concerning development of property located at 588 Main Street, Mashpee, MA. Petitioner: Cape Cod Cooperative Bank.
Accept December 14, 2011 Minutes
Mr. Furbush made a motion to accept the Minutes. Mr. Reiffarth seconded the motion. All voted in favor.
Mr. Reiffarth made a motion to adjourn the meeting. Mr. Dorsey seconded the motion. All voted in favor. Meeting was adjourned at 7:40 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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