MASHPEE ZONING BOARD OF APPEALS
APRIL 25, 2012
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, April 25, 2012 at 7:00 p.m. in Conference Room #2 at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell, and James Reiffarth, and Associate Board Members Judith M. Horton and John M. Dorsey were present.
Mr. Furbush opened the meeting at 7:10 p.m.
CONTINUED HEARINGS
Stephen V. Smith and Jeannette A. Hanlon: Request a Special Permit under Section 174-45.4 of the Zoning By-laws to allow for an existing accessory apartment in a dwelling located in an R-3 zoning district at 32 Popponesset Avenue (Map 70 Parcel 88) Mashpee, MA. At request of Petitioner, continued from February 8, 2012 Public Hearings.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton. As they were not in attendance at the February 8, 2012 Public Hearings, Messrs. Dorsey and Furbush confirmed that they read a transcript of that meeting. In compliance with Article 21 passed at the October 16, 2006 Town Meeting, this qualifies them to vote on this Petition. Their written certifications are attached and part of this record.
At the Public Hearings on February 8, 2012, Ms. Jeannette Hanlon represented her Petition and stated that she bought the home in 2004. She said that she discovered she needed a Special Permit from the ZBA to legalize the existing accessory apartment.
The Board of Health memo states that “the existing leaching facility can accommodate a four-bedroom dwelling.” Although the Board of Health meeting had been canceled, Health Agent Glenn Harrington was in Conference Room #2 and agreed to join the ZBA meeting. Mr. Harrington said that the Petitioner would either have to add onto the leaching field or eliminate one of the bedrooms by enlarging the doorway.
Ms. Hanlon said that she would like to continue the Petition so she and her husband could discuss their options.
At the continued hearings on April 25, 2012, Ms. Hanlon said that she and her husband decided to eliminate one of the bedrooms and install a folding door or a French door. Mr. Furbush said that she would need to submit revised plans. Ms. Hanlon complained that she was not told that at the prior meeting. The Board discussed conditioning the Decision. To Mr. Reiffarth’s question, Ms. Hanlon disclosed she wanted to remove the bedroom in the accessory apartment. Mr. Furbush asked her how she could have an accessory apartment without a bedroom. Mr. Reiffarth reminded Ms. Hanlon that the Board discussed at the previous meeting that one of the bedrooms on the first or second floor would need a six-foot wide cased opening and that the bedroom in the apartment would remain. Ms. Hanlon argued that
she would never have five bedrooms. The Board reiterated that removing the bedroom from the accessory apartment would not be in compliance with the By-law. Mr. Blaisdell read Section 174-45.4 to Ms. Hanlon. Ms. Hanlon then consented to remove one of the bedrooms on the first or second floor of the house. Mr. Blaisdell said that the Board did insist that removal of one of the bedrooms should be shown on the plan.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant the Special Permit. This Decision is conditioned upon compliance with the following:
- Removal of one of the bedrooms on the first or second floor of the dwelling.
- The accessory apartment will contain one bedroom.
- Fire Department, Building Department and Board of Health site visit inspections and verification that the Petitioner has removed one of the bedrooms on either the first or second floor of the dwelling and that the accessory apartment is in compliance with this Decision and Section 174-45.4 of the By-laws.
Mr. Reiffarth seconded the motion. Votes: Mr. Dorsey, yes. Ms. Horton, yes. Mr. Reiffarth, yes.Mr. Furbush, yes. Mr. Blaisdell, yes. Vote was unanimous.
NEW HEARINGS
Mark A. and Ellen S. Koretz: Request a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of additions to an existing dwelling on property located in an R-3 zoning district at 13 Broomstick Way (Map 116 Parcel 31) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Ms. Jean Bowden of Capizzi Home Improvement represented the Petition and stated that plans call for extension of the existing dining room and kitchen with a small bump out to the side of the pre-existing, non-conforming structure. Mr. Furbush visited the property and questioned the location of the parking and how the Petitioner accesses his house without a driveway. Ms. Bowden said that the Petitioner came to an agreement with the abutting neighbor for an easement to gain access to the property. The Board said that part of the Written Finding includes a determination by the Board that there is adequate parking. The Board said that the plan must show the parking.
Board of Health has no comments on this proposal. The Conservation Commission has jurisdiction on this proposal.
No comments were received from abutters.
Mr. Blaisdell made a motion to continue the Petition until May 9, 2012 to allow the Petitioner an opportunity to submit a new certified plot plan showing the driveway and parking. The Board will also require Conservation Commission approval before rendering a Decision. Mr. Dorsey seconded the motion. Votes: Ms. Horton, yes. Ms. Blaisdell, yes. Mr. Furbush, yes. Mr. Reiffarth, yes. Mr. Dorsey, yes.
Carol MacRae: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the rear setback requirements to allow for construction of a pool house on property located in an R-5 zoning district at 14 Michelle Lane (Map 37 Parcel 133) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Mr. Steve Cook of Cotuit Bay Design, LLC. represented the Petition along with Mr. MacRae. The Petitioner is requesting Variance relief in order to install a pool house which will provide shade from the sun, a space for a television and a counter with stools. In the off-season, the pool house will be used for storage. The foundation is a sono-tube footing. Mr. Cook maintained that neighbors won’t be disturbed because the “noise will be limited to the inside of the pool house”. Lot coverage will increase from 18.7% to 19.6%. There is not enough room to locate the pool house where the two retaining walls are located between the house and the pool. The significantly sloping topography on this oddly-shaped parcel creates a hardship to locate the proposal.
In 2004, Building Inspector Richard Anderson issued a building permit and allowed installation of the pool without a Variance. The corner of the pool is only 18 feet from the rear and side property lines, which is in violation of zoning. Mr. Cook asked the Board for a ‘post construction’ Variance - 7 feet from the north and southeast sides of the pool. Variance relief to allow for the pool house requires 7 feet from the northeast sideline and 5 feet from the southeast sideline. Mr. Reiffarth instructed Mr. Cook to submit a revised and updated plan with the correct figures.
The Board of Health has stipulated that no plumbing or heat is permitted to service the proposed pool house.
Mr. Furbush said that he understands the difficulty that the sloping topography creates. However, he said, the proposal will create even more of a non-conformity and potential nuisance for neighbors. Building Commissioner Richard Morgan is also concerned about the location of the pool house being so close to the property line since the Petitioner plans to use the pool house for a gathering place. Mr. Morgan strongly recommends relocation of the proposed pool house. Mr. MacRae said that he explored other options, but feels the proposed location is ideal for his family’s needs. The Board indicated that it would not vote for the proposed location and recommended a revised plan relocating the pool house.
Ms. Horton read the following email from direct abutters, Tim and Pam Cline:
From: Pam Cline
Sent: Tuesday, April 24, 2012 9:44 AM
To: Cynthia Bartos
Subject: Mashpee zoning Board of Appeals April 25th meeting
Board of Appeals,
We (Tim and Pam Cline) owners of property located at 56 Tobisset Street. Abutting the property behind us is the property owned by Carol MacRae, 14 Michelle Lane, Mashpee, MA who is seeking a variance for a "pool house". It appears the request will allow them to build a pool house that would be closer to our adjoining property line. As it should be noted, we have never had an issue with noise from the MacRae's property since the addition of a pool in their back yard a few years ago. I am concerned that I would want to have a better understanding of what the purpose for a "pool house" is for. I am assuming that the pool house would be used for storing equipment and pool pumps, but also concern due to the size and plans that it would also be a place for entertaining. I have no
issues with my neighbors entertaining, but would like to be assured that appropriate times and respect be given to the abutting neighbors. You can understand my concern, as my property is surrounded front, side and back with pool owners who have parties. Some are louder than others. My back yard is not completed yet, but would be in the near future that will allow our family to spend more time in the back yard entertaining as well. I am sure you can understand my concern and would like assurance that noise would not be a problem; otherwise I have no problem with this request.
Thank you for this consideration.
Pam Cline
Mr. Blaisdell made a motion to continue the Petition until May 23, 2012 to allow the Petitioner an opportunity to consider relocating the proposed pool house. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Mr. Horton, yes. Mr. Dorsey, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
Willowbend Country Club, Inc.: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the number of stories and the height requirements to allow for construction of a six-unit building containing three stories with a maximum height of 39 feet on property located in an R-3 zoning district at 84 Simons Road (Map 69 Parcel 183A) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William. A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Willowbend Country Club, Inc.: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the number of stories and the height requirements to allow for construction of a six-unit building containing three stories with a maximum height of 39 feet on property located in an R-3 zoning district at 92 Simons Road (Map 62 Parcel 170) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William. A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Willowbend Country Club, Inc.: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the number of stories and the height requirements to allow for construction of a six-unit building containing three stories with a maximum height of 39 feet on property located in an R-3 zoning district at 100 Simons Road (Map 62 Parcel 169) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William. A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Willowbend Country Club, Inc.: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the number of stories and the height requirements to allow for construction of a six-unit building containing three stories with a maximum height of 39 feet on property located in an R-3 zoning district at 9 Fin Me Oot (Map 62 Parcel 171) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William. A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Attorney Jack McElhinney represented the Petition. The Board has previously granted Variance relief on each of the above-referenced parcels at 84, 92, 100 Simons Road and 9 Fin Me Oot.Because of the slow economy, the Petitioner was unable to commence construction. Attorney McElhinney said that the current owner of Willowbend Country Club, Inc., Paul Fireman, is selling the club along with remaining unsold real estate to Southworth Development sometime in June 2012. David Southworth is the former President and CEO of Willowbend. The Variance is due to expire and the Petitioner is once again requesting a Variance.
Plans call for construction of four buildings – one building on each of the properties at 84 Simons, 92 Simons, 100 Simons Road and 9 Fin Me Oot. Each building will contain six villa units. In 2009, the Planning Board approved a project which would total 40 units. The Petitioner addressed abutters’ concerns and agreed to buffer the area with extensive planting and reinstallation of the dilapidated fence. Times of construction and phasing were also mitigated to appease the abutters.The density and height of the buildings were reduced in response to abutters’ concerns. The nearest abutter is over 300 feet away from the proposed construction.
Attorney McElhinney requested a Variance of four feet from the height requirements and the number of stories to allow for the proposal. He asked if the Decision could specify that all four buildings are part of one condominium to allow the new owner to start a project on one parcel and have the rest of the parcels considered as part of the entire project. Mr. Furbush said that this would be under the jurisdiction of the Building Commissioner.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant a Variance of 4 feet from the height requirements and to vary the number of stories to allow for the proposal. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Dorsey, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Vote was unanimous.
Willowbend Country Club, Inc.: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the land space requirements to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 69 Shoestring Bay Road (Map 77 Parcel 137) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William. A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Attorney McElhinney represented the Petition and stated that the Variance previously granted on this parcel will expire soon. No changes have been made to the original proposal. The unusually-configured parcel consists of 48,000 square feet with approximately 8,000 square feet of wetlands and easements. Attorney McElhinney requested Variance relief of 3,581 square feet from the land space requirements. He thanked the Board for being so flexible and helpful through the real estate crisis. He said that the potential buyer wants assurance that the necessary approvals are in place before proceeding with the purchase.
Mr. Blaisdell made a motion to grant Variance relief of 3,581 square feet from the land space requirements. Findings: Unusual shape, presence of wetlands. Mr. Furbush seconded the motion. Votes: Mr. Dorsey, yes. Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
David Wood, Trustee, Lot 20 Pleasant Park Nominee Trust: Requests a Variance from Section 174-31 to vary the land space requirements and the frontage requirements to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 10 Pleasant Park Drive (Map 70 Parcel 169) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William. A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Nicole LeClaire, Trustee, Lot 27 Pleasant Park Drive Nominee Trust: Requests a Variance from Section 174-31 to vary the land space requirements and the frontage requirements to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 18 Pleasant Park Drive (Map 70 Parcel 168) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William. A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton.
Attorney Jack McElhinney represented the Petitions on properties located at 10 Pleasant Park Drive and 18 Pleasant Park Drive. Variances previously granted on these parcels will expire soon. He said that the lots were created in a subdivision plan in the 1980’s prior to the zoning change.Both lots are 22,500 square feet and both have 125 feet of frontage. Attorney McElhinney requested Variance relief of 25 feet from the frontage requirements and 17,500 from the land space requirements. The parcels are marketed with a building envelope informing the buyer exactly which part of the physical portion of the lot can be developed. No construction is allowed outside of the envelope. A building envelope ensures that lot coverage and setback requirements will be maintained on the parcels.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant a Variance of 25 feet from the frontage requirements and a Variance of 17,500 square feet from the land space requirements on the parcels located at 10 Pleasant Park Drive and 18 Pleasant Park Drive. Findings: presence of wetlands on the parcels.Mr. Furbush seconded the motion. Votes: Mr. Dorsey, yes. Ms. Horton, yes. Mr. Reiffarth, yes.Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
OTHER BUSINESS
Accept April 11, 2012 Minutes
Mr. Blaisdell made a motion to accept the Minutes. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Dorsey, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Vote was unanimous.
Ms. Horton made a motion to adjourn the meeting. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Mr. Dorsey, yes. Mrs. Blaisdell, yes. Mr. Furbush, yes. Ms. Horton, yes. Meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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