MASHPEE ZONING BOARD OF APPEALS
JUNE 13, 2012
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 13, 2012 at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members present: Chairman Jonathan D. Furbush, Vice Chairman William A. Blaisdell, Clerk Ronald S. Bonvie and Member Judith M. Horton. Board Member James Reiffarth and Associate Member John M. Dorsey were unable to attend. Building Commissioner Richard E. Morgan was present. Selectman Thomas O’Hara also attended the meeting.
Chairman Furbush opened the meeting at 7:00 p.m. and announced that the meeting was being televised live.
PLEDGE OF ALLEGIANCE
Mr. Furbush announced that the Board of Selectmen appointed Judith M. Horton as a Board Member on May 21, 2012. He said that Ms. Horton has done a fine job as Associate Member during the past 16 months and congratulated her on her appointment. The Board agreed enthusiastically.
Mr. Furbush gave the Petitioners the option to continue their hearing until a five-member Board is present. Mrs. Ellen Koretz of 13 Broomstick Way asked what her options are if there is one negative vote. The Board informed her that she could appeal the ZBA decision in the court system and recommended that she seek the advice of an attorney.
CONTINUED 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. Continued from May 9, 2012 Public Hearings to allow Petitioner an opportunity to submit letter confirming that truck parking violation has been resolved. According to a June 11, 2012 email from the Petitioner, the truck has not been moved because the truck “would not start”. Petitioner is requesting another continuance to June 27, 2012.
Mr. Blaisdell made a motion to continue the Petition until June 27, 2012 to allow the Petitioner an opportunity to resolve the truck parking violation. Mr. Bonvie seconded the motion. Votes: Ms. Horton, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous.
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 (opened, not heard) to allow Petitioner an opportunity to submit a new certified plot plan showing proposed driveway and parking. Proposal requires Conservation Commission approval. Landscaping violation must be resolved in compliance with Conservation Commission enforcement orders. At Petitioner’s request, hearing continued to June 13, 2012.
After reading the Petition into the record and opening the hearing, Mr. Furbush gave the Petitioner the option of continuing the hearing until a five-member Board is present. Mr. Koretz said that this Petition is very important to him and prefers to have a 5-member Board present. He questioned if the Board would allow him to discuss his Petition informally tonight. Mr. Furbush said that the Petition would not be opened, but the Board could entertain an informal discussion without rendering a vote. To clarify Mr. Furbush’s statement, the Petition was opened for informal discussion only, but was not opened with the intention that the Board would render a Decision at tonight’s meeting. The rest of the Board Members agreed to an informal discussion.
At the April 25, 2012 Public Hearings, 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 dwelling. Mr. Furbush said that he did not see any off-street parking on the property when he visited the site. Ms. Bowden said that the Petitioner has a driveway easement with the abutting neighbor to gain access to the subject property. The Board said that part of the Written Finding includes a determination by the Board that there is adequate parking.
After a lengthy discussion, the Board voted unanimously to continue the Petition to allow the Petitioner an opportunity to submit a new certified plot plan showing the driveway and proposed parking.
At the continued hearings on June 13, 2012, Mr. Koretz expressed surprise that the Board would require him to provide off-street parking because he has been parking on the street for 18 years without any problems. Mr. Koretz said that his deed shows that he has a driveway easement from an abutting lot to access his property. He argued that the street and cul-de-sac are sufficient in width and length to accommodate all of the on-street parking. He expressed concern that carving a parking area out of his lot could make the extremely sloping topography unstable. The location of the septic system in the front of the lot creates another hardship to install parking on the lot.
Mr. Koretz said that the proposal will not encroach into the rear setback requirements and is not any more non-conforming than what currently exists. He said that his family will continue to use the home as they have for the past 18 years; the parking will not increase during the two summer months that the house is occupied; and there will be no additional burden placed on the property. Mr. Koretz asked the Board to consider allowing the proposal without requiring him to provide parking on the subject property.
Mrs. Koretz said the home is only used in the summer and they live in Acton the rest of the year. She said that they don’t want to cut down the trees in the driveway easement. Mr. Furbush said that overnight parking on the street is not allowed. Mr. Bonvie suggested providing one parking space in the front of the lot and another within the driveway easement.
Mr. Blaisdell reminded the Petitioner that the proposal requires Conservation Commission approval and resolution of the landscaping violation. The June 13, 2012 Conservation Commission memo reads: Discussed with Conscom and holding submittal of application for an RDA until requirements from ZBA are made (if driveway needed then will add to permit application so only one time applying/presenting and one permit application fee).
Building Commissioner Richard Morgan said that he wants the Petitioner to submit: 1) a plan showing the location of the driveway easement; 2) a certified plot plan showing proposed parking on the subject property; and 3) Conservation Commission approval of the proposed parking.
Mr. Koretz thanked the Board for its time and requested a continuance until July 11, 2012.
Mr. Furbush made a motion to continue the hearing to July 11, 2012 to allow the Petitioner an opportunity to submit a certified plan showing the driveway easement and two proposed parking spaces. Mr. Blaisdell seconded the motion. Votes: Ms. Horton, yes. Mr. Bonvie, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Vote was unanimous.
NEW HEARINGS
Spiros and Athena Giannaros: Request a Written Finding under Section 174-17 of the Zoning By-laws and under M.G.L. Chapter 40A Section 6 regarding changes, extensions or alterations of a pre-existing, non-conforming structure to allow for renovation of a front deck into a covered porch and replacement of a dilapidated deck on an existing dwelling, in addition to replacement of a shed, on property located in an R-3 zoning district at 77 Shore Drive (Map 117 Parcel 344) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie and Judith M. Horton.
Project Designer Steve Cook of Cotuit Bay Design, LLC represented the Petition. Mr. and Mrs. Giannaros also attended the meeting. Mr. Cook stated that after the pipes burst, the previous owner gutted the house and did not perform any further work on the home. The run down dwelling has been neglected for quite some time. The Petitioners are looking forward to using the dwelling as their summer residence. This property is a corner lot in the Popponesset Overlay district with 25-foot front setbacks on both streets. Plans call for demolition of the front deck, which will be replaced with a covered porch. Second floor dormers will be added to the front of the house to allow for more ceiling height on the second floor. New supports will be added to the rear deck, which will be reduced by 6
feet. The setback to the front deck will be 19.8 feet. The new porch will be 21.8 feet from Shore Drive. Building height from grade will be 24 feet; with the cupola the height will be 29 feet. There will be no inhabitable space in the cupola. Lot coverage will be reduced from 27.9% to 26.8%. The existing shed in the back corner of the lot will be replaced with a slightly larger 8x10-foot storage shed. Two new stone driveways will be installed: one on the right and a circular stone driveway in the front. Extensive landscaping is also proposed.
Board of Health memo dated May 9, 2012 states: The Board of Health has no comments for the proposed renovations and replacements. The proposal does not fall under Conservation Commission jurisdiction.
No comments were received from abutters.
Mr. Bonvie made a motion to grant a Written Finding to allow for the proposal. Findings: proposal will be a vast improvement to the home and to the neighborhood; it will not be substantially more detrimental than what currently exists; there are sufficient parking and setbacks as may be required. This is conditioned upon compliance with the following plans:
- J.E. Landers-Cauley, P.E. plan: Site Plan Prepared for Steve Cook of 77 Shore Drive Mashpee, MA. Date: 05/03/12, Sheet 1 and Sheet 2.
- Cotuit Bay Design, LLC plan: New Addition/Remodeling For: Giannaros Residence, 77 Shore Drive, Mashpee, MA. Date: 5/14/2012. Drawing A1, A2, A3.
Mr. Blaisdell seconded the motion. Votes: Ms. Horton, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous.
OTHER BUSINESS
Approve May 23, 2012 Minutes
Mr. Blaisdell made a motion to approve the Minutes. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous.
Report/Voucher: Review Report/Discuss reimbursement of ZBA Engineering Consultant Charles Rowley concerning development of project for Franey Medical Laboratories on property located at 52 Mercantile Way. The Board accepted the report and signed the voucher to reimburse Mr. Rowley.
Discuss/Vote: Adjust start time of Public Hearings. After a short discussion with the other members of the Board, Mr. Furbush made a motion to start the ZBA Public Hearings at 6:00 p.m. This will be effective commencing with the July 11, 2012 Public Hearings. Mr. Blaisdell seconded the motion. Votes: Ms. Horton, yes. Mr. Furbush, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Vote was unanimous.
Distribute: MassHousing’s Draft Report - Cost Examination for Mashpee Village Development.
Mr. Blaisdell made a motion to adjourn the meeting. Ms. Horton seconded the motion. Votes: Mr. Bonvie, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Ms. Horton, yes. Meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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