MASHPEE ZONING BOARD OF APPEALS
MINUTES
JULY 25, 2012
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, July 25, 2012 at 6:00 p.m. in Conference Room #2 at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton and Associate Members John M. Dorsey and Domingo DeBarros were present. Building Commissioner Richard E. Morgan was also present.
Chairman Jonathan D. Furbush opened the hearings at 6:00 p.m. The Board welcomed Mr. Dorsey back after his serious illness and wished him well. Mr. Furbush introduced Mr. Dorsey to newly-appointed Associate Member Mr. DeBarros.
NEW HEARINGS
Owner of record Janice A. McGoldrick: Requests a Special Permit under Section 174-20 of the Zoning By-laws to allow for replacement of a non-conforming structure destroyed by fire, flood, lightning, wind or otherwise on property located in an R-3 zoning district at 172 Waterway (Map 111 Parcel 90) Mashpee, MA. Petitioner: Peter and Linda Connly.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Owner of record Janice A. McGoldrick: Requests 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 construction of a new four-bedroom dwelling on property located in an R-3 zoning district at 172 Waterway (Map 111 Parcel 90) Mashpee, MA. Petitioner: Peter and Linda Connly.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Owner of record Janice A. McGoldrick: Requests a Variance from Sections 174-31 and 174-33 of the Zoning By-laws to vary the side setback requirements, the front setback requirements, the lot coverage requirements and the setback requirements from water and wetlands to allow for construction of a new four-bedroom dwelling on property located in an R-3 zoning district at 172 Waterway (Map 111 Parcel 90) Mashpee, MA. Petitioner: Peter and Linda Connly.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Attorney Kevin M. Kirrane and Architect Timothy Luff represented the Petition. Mr. Peter Connly was also present. Attorney Kirrane reminded the Board that in 2011, it granted a Written Finding and Variance relief for a similar proposal on the abutting property at 166 Waterway. At that time, the Board granted permission for construction of a dwelling and pool on the abutting property, with lot coverage of 21.9% of the 12,632 square-foot lot.
Plans call for demolition and replacement of the existing deteriorating dwelling at 172 Waterway. The lot is non-conforming and consists of 14,000 square feet of land with only 100 feet of frontage on Waterway. The existing dwelling does not conform to current front setback requirements or the setback requirements from water and wetlands. The proposal is for construction of a four-bedroom, two-story dwelling. It will be closer to Waterway by an extra five feet and closer to the westerly side setback requirements. It will be four feet further away from the wetlands. While the subject property is assessed at nearly $1 million, the existing dwelling is assessed at a value of only $99,000.
Attorney Kirrane said that replacing the old structure with a new dwelling that conforms to current building code is an improvement. The proposed design is more compatible with the changing character of the neighborhood than the current structure. He said that the proposal will add substantial value to the property and will enhance the neighborhood. Plans to remove the lawn and replace it with environmentally-friendly landscaping is a significant improvement to the site conditions and reduces the impact on the surrounding properties and wetlands. There is adequate land area to provide sufficient parking and setbacks.
The Architectural Review Committee of New Seabury has approved the proposal.
The Conservation Commission approved the proposal and issued an Order of Conditions on July 23, 2012.
A Title 5 septic system was installed in 1994 on the subject property. The Board of Health is restricting the proposal to four bedrooms.
Attorney Kirrane stated that, in the past, the Board has not deducted coastal bank from the total land area to calculate lot coverage. He said that the coastal bank runs through 166 Waterway and 172 Waterway. Using that formula, Attorney Kirrane said that proposed lot coverage, excluding vegetated wetland would be 21.46%. Excluding the coastal bank and vegetated wetland, proposed lot coverage would be 32.5%, which the Board said is excessive. Mr. Furbush read Section 174-31 of Mashpee Zoning By-laws, footnote 16: Any water or wetland, as defined under M.G.L. C.131, §40, any existing or proposed street or any roadway, right-of-way or easement twenty (20) feet or more in width may not be counted toward lot size for the purpose of calculating maximum lot coverage. The Board discussed lot
coverage calculations at great length. Mr. Blaisdell said that it was his understanding that wetlands can be included up to the mean high water mark.
Representing another Petition at the meeting and with no personal interest in this proposal, Engineer Michael Borselli said that he works with the same issues. He said that, in his experience, the coastal bank is not a wetland. He said, however, it is a wetland resource in which Conservation is interested. Mr. Reiffarth said that the coastal bank is above the wetland and the wetland goes to the edge of the coastal bank. Mr. Borselli agreed and added that it is not usually considered part of the lot coverage.
Building Commissioner Richard E. Morgan asked if the patio was included in the lot coverage figures. He said that if a patio “is above the ground, above natural grade, it goes into the figures of the square footage”. Mr. Luff said that the patio was not included because it was at grade. Attorney Kirrane asked if that was an amendment to the By-law and said that this is not how patios have been viewed in the past. Mr. Reiffarth said that he was also told that a patio is not part of the structure and shouldn’t be included in lot coverage. Mr. Bonvie read the definition of a structure described in Article II of the By-laws: “A combination of materials assembled at a fixed location to give support for structure such as building, tower, framework, platform, bin, sign or the like.” Mr. Morgan reiterated his interpretation of what should be included in lot coverage calculations.
A letter from abutter Paul Morgenstern at 189 Waterway was read into the record: My concerns regarding these Petitions are: 1. Written Finding. In my opinion, the proposed plans constitute a substantially more detrimental situation because it does not comply with front setbacks, side setbacks and wetland setbacks. The new house is more than twice the size of the existing building thereby greatly aggravating the existing non-conformance. 2. Variance. The proposed new building will more than double the lot coverage from 15.6% to 32.5%. The new house should not exceed the existing lot coverage of 15.6%.
After a lengthy discussion, the Board decided to request Town Counsel opinion on how to calculate upland/wetland/lot coverage.
Mr. Blaisdell made a motion to continue the Petition to August 8, 2012. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
Peter Dobyns and Tanya C. Dayos: 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 changes which will include renovation of a first floor, removal of a roof structure and construction of a second story onto a dwelling on property located in an R-5 zoning district at 30 Bakers Road (Map 20 Parcel 5) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Professional Engineer and President of Falmouth Engineering, Michael Borselli represented the Petition. Due to a previous violation in which the Petitioner failed to obtain a building permit prior to completing renovations, the Petitioner is now required to obtain ZBA approval for any renovations made on the subject property. The property consists of 4.5 acres bordering Mashpee Pond. Due to their growing family, the Petitioner is looking to expand one of the three pre-existing, non-conforming structures on the property. Plans call for renovations to the first floor, removal of the roof and construction of a second floor. There will be no increase in the footprint.
A new Title 5 septic system will replace an old cesspool which is located in close proximity to Mashpee Pond.
The Conservation Commission approved the proposal. The Order of Conditions is expected to be issued within the next few days. This proposal is subject to review and pending comment from Natural Heritage and Endangered Species. Per the Board of Health, this is not in a Zone II and plans have been submitted for a new leaching facility to accommodate a five-bedroom dwelling.
Mr. Bonvie said that he was unable to find Bakers Road and expressed concern that the Fire and Police Departments would also have difficulty finding the road. He said this was definitely a health and safety issue and suggested installation of a road sign. After some discussion, Building Commissioner Richard Morgan said he would ensure that the street sign/road identification issue is resolved to the satisfaction of Fire, Police, Building and D.P.W.
No comments were received from abutters.
Mr. Bonvie made a motion to grant the Written Finding. Findings: proposal is not substantially more detrimental than what currently exists due to the following: proposal will be an enhancement to the property; installation of a new Title 5 septic system will be an improvement to the property. This Decision is granted to the house on the property situated closest to Mashpee Pond. This Decision is conditioned upon compliance with Falmouth Engineering plan entitled Plot Plan for #30 Baker’s Road Prepared for Peter Dobyns in Mashpee. Plan Date: June 10, 2012. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
OTHER BUSINESS
Approve July 11, 2012 Minutes
Mr. Blaisdell made a motion to approve the Minutes. Mr. Furbush seconded the motion. Votes: Mr. DeBarros, yes. Ms. Horton, yes. Mr. Dorsey, yes. Mr. Reiffarth, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous.
Mr. Furbush made a motion to adjourn the meeting. Ms. Horton seconded the motion. Votes: Mr. DeBarros, yes. Ms. Horton, yes. Mr. Dorsey, yes. Mr. Reiffarth, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous. Meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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