MASHPEE ZONING BOARD OF APPEALS
MAY 9, 2012
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 9, 2012 at 7:00 p.m. in Conference Room #1 at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton were present. Board Member Ronald S. Bonvie and Associate Member John M. Dorsey were unable to attend the meeting.
Mr. Furbush opened the meeting at 7:00 p.m. and informed the Petitioners that any Decision rendered at tonight’s meeting would require a unanimous vote from the Board. Mr. Furbush gave the Petitioners the option of continuing their hearing until there was a five-member Board sitting. The Petitioners chose to have their Petitions heard at this meeting.
PLEDGE OF ALLEGIANCE
NEW HEARINGS
Shelley Santucci: Requests a Written Finding under Section 174-17 of the Zoning By-laws for permission to construct a garage and mudroom/breezeway onto a pre-existing, non-conforming dwelling on property located in an R-5 zoning district at 20 County Road (Map 71 Parcel 147) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton.
Ms. Santucci represented her Petition and submitted photos of her property. She said that she would like to add a 12x16 foot mudroom/breezeway and 24x24 garage onto her pre-existing, non-conforming dwelling. At 32 feet from the front setback, the dwelling does not conform to the 40-foot setback requirements. The proposal will be 36 feet from the side setback requirements. At 11.9% lot coverage, the proposal will be well below the 20% maximum.
Mr. Blaisdell read the Board of Health memo dated May 9, 2012: “Not in Zone II. Due to the size of the soil absorption system, the dwelling is restricted to three bedrooms. The applicant has two options for the “space” above the garage. The first option is creating a 6’ entranceway in the “space”, the second option is the “space” cannot be heated.” Ms. Santucci stated that her immediate plans for the space above the garage are for storage purposes only. She said that the mudroom will be heated.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant the Written Finding. The proposal will not be substantially more detrimental than what currently exists due to the following findings: the proposal meets the side, rear and lot coverage requirements; the proposal will be an improvement to the property and to the neighborhood; there is sufficient parking and setbacks as may be required. This is conditioned upon compliance with Stephen J. Doyle Land Surveyor plan entitled: Plot Plan Prepared for Peter Michaelson. Location: 20 County Road. Date: March 11, 1998. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Blaisdell, yes. Mr. Furbush, yes.Vote was unanimous.
REVIEW/DISCUSSION
Mashpee Wampanoag Tribe Government Center: Review revised plans submitted in compliance with ZBA Decision (Variance-2012-10) for development of property located at 483 Great Neck Road South (Map 95 Parcel 7) Mashpee, MA. ZBA Engineering Consult Charles L. Rowley has submitted final review of revised plan, drainage report and site visit.
Project Manager John Racine attended the meeting along with Tribal Leader Cedric Cromwell, Construction Supervisor David Weeden and Tribal Treasurer Mark Harding.
Mr. Furbush congratulated the Petitioner on the project and said that the Board is satisfied with the revised plans. The Board stamped and signed the revised plans: CA Engineering Services, LLC. entitled: Mashpee Wampanoag Government Center 483 Great Neck Road South, Mashpee, MA 02649. Issue Date: 01/31/2012. Revisions: 4/5/12 Revisions for Consultant Review.
NEW HEARINGS
Keith D. and Andrea L. Rossignol: Request a Special Permit under Section 174-45.4 of the Zoning By-laws to allow for construction of an accessory apartment in an existing dwelling on property located in an R-5 zoning district at 8 Hendricks Lane (Map 37 Parcel 48A) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton.
Ms. Andrea Rossignol represented her Petition and stated that she and her husband bought the home in February 2012 and would like to obtain a Special Permit for the existing accessory apartment. At 548 square feet, the accessory apartment is 33% of the 2,212 total square footage of the dwelling.
Mr. Blaisdell read the May 9, 2012 Board of Health memo from Assistant Health Agent Veronica Warden: “In Zone II. The dwelling is restricted to four bedrooms. On May 2, 2012, I performed a housing inspection to determine the number of existing bedrooms, I verified the number of bedrooms as four (4).”
Mr. Furbush said that he observed an 18-wheeler parked on the subject property, which he informed Ms. Rossignol is illegal to park in a residential zone. He stated that the ZBA and Building Commissioner will require a letter in writing stating that the Petitioner has moved the truck from the subject property, that it will no longer be parked on the subject property and that he has an agreement/proof confirming the location where the truck will be properly stored. Building Commissioner Richard Morgan has requested that the Board delay rendering a Decision until the truck has been removed and the Petitioner provides proof that the truck is properly stored elsewhere.
Mr. Furbush said that there are no other issues with the accessory apartment. Mr. Blaisdell made a motion to continue the Petition until June 13, 2012 to allow the Petitioner an opportunity to resolve the parking violation and to submit a letter proving that the truck has been properly relocated. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
CONTINUED 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. Continued from April 25, 2012 Public Hearings to allow Petitioner an opportunity to submit a new certified plot plan showing proposed driveway and parking. Petitioner has requested continuance until June 13, 2012 so he can attend meeting.
Per Conservation Agent Drew McManus, the Petitioner is in violation by removing trees and brush without receiving permission from the Conservation Commission. Petitioner must replant and resolve this issue in compliance with Conservation Commission enforcement orders. The proposed additions require Conservation Commission approval. Petitioner has not yet filed with Conservation Commission.
Mr. Blaisdell made a motion to continue the Petition until June 23, 2012. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Blaisdell, yes. Mr. Furbush, yes.Vote was unanimous.
OTHER BUSINESS
Accept April 25, 2012 Minutes
Mr. Blaisdell made a motion to accept the Minutes. Ms. Horton seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Meeting was adjourned at 7:35 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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