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MASHPEE ZONING BOARD OF APPEALS
MINUTES
JULY 11, 2012
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, July 11, 2012 at 6:00 p.m. in Conference Room #1 at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton and Associate Member Domingo DeBarros were present. Building commissioner Richard E. Morgan was also present. Associate Member John M. Dorsey was unable to attend due to illness.
Chairman Jonathan D. Furbush opened the hearings at 6:00 p.m. and announced that the meeting was being televised live.
PLEDGE OF ALLEGIANCE
NEW HEARINGS
Petitioner: William and Doreen Wade: Request a Written Finding under Sections 174-17 and 174-20 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 demolition and replacement of a dwelling on property located in an R-3 zoning district within the Popponesset Overlay District at 185 Wading Place Road (Map 112 Parcel 90) Mashpee, MA. Owner of record: Geraldine L. Purdon, Louise R. Urquhart and Carlton W. Hatfield.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Attorney Kevin M. Kirrane represented Mr. and Mrs. William Wade, the prospective purchasers of the premises at 185 Wading Place Road. The existing dilapidated dwelling, which is sitting on concrete block pillars, will be demolished and removed from the corner lot. The existing shed will also be removed. Plans call for construction of a new, two-bedroom, single-family dwelling on top of a full foundation. The location of the new dwelling will be 16.8 feet from the front setback requirements to Wading Place Road and 19.3 feet from the side yard setback. This will reduce the front yard non-conformity and eliminate the side yard non-conformity. The existing cesspool will be replaced with installation of a new Title 5 Septic System. The proposal also calls for a new driveway. Proposed total lot
coverage will be 18%.
Mr. Furbush expressed concern with flooding issues in the neighborhood and questioned about installation of dry wells on the lot. Mr. Reiffarth said that there should be gutters and downspouts going into drywells. Builder Joao Junqueira of Capewide Enterprises confirmed that plans call for installation of drywells.
The Board of Health restricts the new dwelling to two bedrooms.
No comments were received from abutters.
Mr. Bonvie made a motion to grant the Written Finding. Findings: the proposal will not be substantially more detrimental than what currently exists because of the following: replacement of the dilapidated structure with a new dwelling; the new dwelling will met current building codes; the proposal will remain below the allowed 20% lot coverage; installation of a new Title 5 Septic System. There are sufficient parking and setbacks as may be required. This Decision is conditioned upon compliance with the following:
- A revised plan will be submitted to the Building Department detailing gutters and downspouts going into drywells and, if possible, addressing the issue of surface drainage on the lot.
- JC Engineering Inc. Plan entitled Plot Plan at 185 Wading Place Road, Mashpee, MA Prepared for Capewide Enterprises. Date: June 13, 2012. Rev.1: July 6, 2012.
- SPB Designs plan entitled Custom Home Wade Residence 185 Wading Place Rd. Mashpee, MA. Date: 7/04/12. Drawn by: PAB.
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. Proposal requires Conservation Commission approval. Landscaping violation must be resolved in compliance with Conservation Commission enforcement orders. At Petitioner’s request, continued to June 13, 2012; July 11, 2012.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
On July 10, 2012, Jean Bowden of Capizzi Home Improvement, acting as Agent for the Petitioner, sent the following email to the ZBA office: “Mr. and Mrs. Koretz are withdrawing their application. After looking at the options for the required parking, none are feasible. They hired an engineer and could see that the lay of the land makes it not worth the expense or time it involves.”
Mr. Furbush made a motion to accept Withdrawal Without Prejudice of the above-referenced Petition. Mr. Blaisdell seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Furbush, yes. Vote was unanimous.
Mary E. Zocchi, Trustee: Requests a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a landing, stairs, pier, ramp and float extending across a total of more than seventy feet of coastal beach, coastal bank, salt marsh, or bordering vegetated wetlands and/or coastal wetlands, freshwater wetlands, swamps or marshes on property located in an R-3 zoning district at 9 Ockway Bay Road (Map 99 Parcel 49) Mashpee, MA. Due to schedule conflict on June 27, 2012, Agent requested continuance to July 11, 2012.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Mr. Matt Costa of Christopher Costa & Associates, Inc. represented the Petition and stated that the Petitioner submitted and received approval for similar plans for a pier, ramp, and float in 2002. Those permits have expired and the Petitioner is once again requesting relief from the Zoning By-laws for permission to extend the pier over 70 feet of coastal wetlands into Ockway Bay. The pier is 117 feet long from mean high water. The area is quite shallow and necessitates the long pier length in order to access greater water depth. Mr. Costa said that the pier meets the required setbacks from the property lines and the required setbacks from neighboring piers.
The Conservation Commission approved the proposal and issued an Order of Conditions on June 26, 2012 for the house, dock and vista corridor. Shellfish Constable Richard York has also approved the proposal.
Mr. Costa stated that the proposed house does not need ZBA approval. The house is not yet under construction. Mr. Reiffarth cautioned the Board to be careful to approve the plan showing only the pier, ramp and float, and not the plan detailing the house. The Board was adamant that construction of the dock will be contingent upon completed construction of a house on the subject property.
Mr. Costa said that lights will be installed on the dock along with a sign showing the street address and the dock DEP file number. Mr. Morgan asked Mr. Costa to check into the Federal/Coast Guard regulations concerning lighting systems on extended piers.
No comments were received from abutters.
Mr. Bonvie made a motion to grant the Special Permit. This is conditioned upon compliance with the following:
- Christopher Costa & Associates, Inc. plan entitled Proposed Stairway, Pier, Ramp & Float. Site Design Plan, 9 Ockway Bay Road in Mashpee, Massachusetts. Owner of Record and Applicant: Mary E. Zocchi, Trustee. Date: 05/17/12. Sheet No: 2 of 2.
- As it is an accessory use, construction of the dock shall not commence until a house is built on the lot and a Certificate of Occupancy for the house has been issued.
Mr. Blaisdell seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Bonvie, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Vote was unanimous.
OTHER BUSINESS
Approve June 27, 2012 Minutes
Mr. Reiffarth made a motion to approve the June 27, 2012 Minutes. Mr. Blaisdell seconded the motion. Votes: Ms. Horton, yes. Mr. Furbush, yes. Mr. Bonvie, yes. Mr. Reiffarth, yes. Mr. Blaisdell, yes. Vote was unanimous.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Mr. Bonvie, yes. Ms. Horton, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Meeting was adjourned at 6:45 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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