MASHPEE ZONING BOARD OF APPEALS
APRIL 11, 2012
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, April 11, 2012, at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie, and Associate Board Members Judith M. Horton and John M. Dorsey were present. Building Commissioner Richard E. Morgan attended the meeting.
Mr. Furbush opened the meeting at 7:00 and announced that it was being televised live.
PLEDGE OF ALLEGIANCE
ANNOUNCEMENT
Mr. Furbush announced Robert G. Nelson’s resignation from the Board effective April 9, 2012. Mr. Furbush said that Mr. Nelson has dedicated the last18 years to the ZBA and to the Town and has done an outstanding job. He said that the Board will miss Mr. Nelson and wishes him well in retirement.
In view of the fact that the Board did not have 48 hours’ notice in which to file a revised Agenda, Mr. Furbush entertained a motion to add reorganization of the Board to the Agenda. Mr. Blaisdell made a motion to add reorganization to the Agenda. Mr. Bonvie seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Dorsey, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
Mr. Reiffarth made a motion to nominate Mr. Furbush as Chairman. Mr. Blaisdell seconded the motion. Votes: Mr. Reiffarth, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes.
Mr. Furbush made a motion to nominate Mr. Blaisdell as Vice Chairman. Mr. Reiffarth seconded the motion. Votes: Mr. Reiffarth, yes. Mr. Furbush, yes. Mr. Bonvie, yes.
Mr. Furbush made a motion to nominate Mr. Bonvie as Clerk. Mr. Reiffarth seconded the motion. Votes: Mr. Furbush, yes. Mr. Reiffarth, yes. Mr. Blaisdell, yes.
Mr. Furbush asked if either of the Associate Members would be interested in being appointed as Board Member. After a brief discussion, Ms. Horton said that she would send a letter of interest to the Board of Selectmen. The Board agreed to send a memo to the Board of Selectmen recommending Ms. Horton’s appointment as ZBA Board Member.
NEW HEARINGS
M. Frances Risko Family Trust: Requests a Written Finding under Section 174-17 of the Zoning By-laws to allow for several renovations, which include removal of an existing one-story section, replacement of a porch/study with a living room/study, replacement of a roof deck with outside steps on a pre-existing, non-conforming dwelling on property located in an R-3 zoning district at 9 Starboard Lane (Map 118 Parcel 22) Mashpee, MA.
Sitting: Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, Ronald S. Bonvie and Associate Member Judith M. Horton.
Project Designer Steven Cook of Cotuit Bay Design, LLC. represented the Petition. John Risko and Frances Risko, Trustees, were also present. The dwelling is a slab-on-grade and was constructed sometime in the 1960’s with additions made over the years. There are no footings or foundation walls under either the porch or study additions. The Petitioner plans to remove the additions because of the extensive mold and mildew damage. Construction will remain within the same footprint. The fireplace and chimney will be removed; the porch will be turned into an expanded living room; the study will remain. On the second floor, the window will be replaced with a door leading out to the roof deck with an egress stair from the roof deck. No additional bedrooms are planned. The proposal meets
the front setback, lot size, lot coverage, frontage and rear setback requirements.
Mr. John Risko addressed the Board and stated that the porch and the study have become unusable due to the mold and mildew which is present on the floor, walls, ceiling and furniture. He said that there are actually pools of water on the floor when the humidity levels rise in the summer.
The Board of Health has no comments regarding this Petition.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant a Written Finding. Findings: the proposal is an improvement; therefore, it is not substantially more detrimental than what currently exists; there is adequate parking and setbacks as may be required by the Board. This Decision is conditioned upon compliance with Richard J. Hood, PLS plan: Site Plan in Mashpee, Massachusetts Prepared for John Risko, Date 15Mar12 and Cotuit Bay Design, LLC plan: New Remodeling for: Risko Residence 9 Starboard Lane, Mashpee, MA, Date 3/15/2012. Mr. Bonvie seconded the motion. Votes: Ms. Horton, yes. Mr. Furbush, yes. Mr. Reiffarth, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Vote was unanimous.
OTHER BUSINESS
Accept March 28, 2012 Minutes
Mr. Blaisdell made a motion to accept the Minutes. Mr. Reiffarth seconded the motion. Votes: Mr. Dorsey, yes. Ms. Horton, yes. Mr. Bonvie, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Reiffarth, yes. Vote was unanimous.
Minutes from Executive Session: July 14, 2010, March 23, 2011, July 20, 2011
Determine if continued non-disclosure is warranted.
Mr. Furbush said that he examined the documents and concluded that the Minutes can be released. Mr. Reiffarth agreed and said that litigation has been concluded. Mr. Morgan also agreed. Mr. Blaisdell made a motion to discontinue non-disclosure of the Minutes from Executive Sessions on July 14, 2010, March 23, 2011 and July 20, 2011. Mr. Furbush seconded the motion. Votes: Mr. Dorsey, yes. Ms. Horton, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Mr. Bonvie, yes. Mr. Reiffarth, yes. Vote was unanimous.
570 Old Barnstable Road
Review revised plans.
Mr. Blaisdell made a motion to accept the revised plans dated February 17, 2012. Mr. Bonvie seconded the motion. Votes: Mr. Dorsey, yes. Ms. Horton, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Furbush, yes. Mr. Reiffarth, yes. Vote was unanimous
Case Law regarding pre-existing, non-conforming structures
Written Finding and Variance.
Mr. Furbush said that the research conducted by the Secretary was thorough and very interesting. He said that case law makes it clear regarding a Written Finding - if a Petitioner meets the criteria for a Finding, there is no need for Variance relief.
Case law:
The Benefits of Owning a Pre-existing Nonconforming House
Posted by Richard Gallogly on October 26, 2011
“Bottom line: if you have a lawful pre-existing, non-conforming one- or two-family house that you’d like to expand or reconstruct, you can do so with a Section 6 Finding under M.G.L. even though similar work would have required a Variance if the land had been vacant.”
JUSTIN E. GALE & others~vs. ZONING BOARD OF APPEALS OF GLOUCESTER & another. 80 Mass. App. Ct. 331, May 10, 2011 - September 2, 2011. Note 8
“That finding stands alone as sufficient to proceed with the proposed project, if the permit granting authority deems that no substantial detriment will result from the extension or alteration. This conclusion is in keeping with special treatment explicitly afforded to single or two-family residential structures under the statute. Thus, we hold that the board's finding in this case was all that was required; no variance under the ordinance was needed to proceed with the proposed reconstruction.”
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Bonvie seconded the motion. Votes: Mr. Furbush, yes. Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Dorsey, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Meeting was adjourned at 7:35 p.m.
Respectfully submitted
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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