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Zoning Board of Appeals Minutes 10/24/2012
MASHPEE ZONING BOARD OF APPEALS
OCTOBER 24, 2012
AGENDA

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, October 24, 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 Members John M. Dorsey and Domingo K. DeBarros, and Building Commissioner Richard E. Morgan were present.  

Chairman Jonathan D. Furbush opened the meeting at 6:00 p.m.  He announced that the meeting was being televised live on local Mashpee television.

PLEDGE OF ALLEGIANCE

Mr. Furbush made a motion to modify the Agenda and open and hear the 593 Main Street Petition first.  Mr. Reiffarth seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Mr. DeBarros, yes.  Vote was unanimous.      

CONTINUED HEARINGS

Paul Tragiannopoulos: Requests Modification to Variance V-2010-45 under Section 174-31 of the Zoning By-laws to vary the rear setback requirements by an additional two feet in order to legalize an existing garage addition on property located in an R-5 zoning district at 593 Main Street (Map 20 Parcel 2) Mashpee, MA.  Error in siting of foundation was discovered after building was constructed.  Continued from October 10, 2012 at Attorney’s request.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, and Judith M. Horton.

On Monday, October 22, 2012 the ZBA office received a letter from Attorney Daniel Creedon asking for Withdrawal of the Petition.  Mr. Furbush made a motion to accept  Withdrawal of the Petition.  Mr. Blaisdell seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.      

Nathan Kalowski, Trustee: Requests a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of an addition to a pre-existing, non-conforming dwelling located on property located in an R-3 zoning district at 35 Waterline South Drive (Map 120 Parcel 151) Mashpee, MA.  At the September 12, 2012 Public Hearings, Building Commissioner Richard E. Morgan informed the ZBA that the subject property was not in a cluster subdivision and was not allowed 30% lot coverage.  The Board asked the Petitioner to submit a revised plan with smaller footprint.  

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell and Judith M. Horton, and Associate Members John M. Dorsey and Domingo K. DeBarros.

At the September 12, 2012 ZBA Public Hearings, the question arose whether or not the subject property is in a cluster subdivision which allows  30% lot coverage.  

After several meetings on October 24, 2012 with Town Manager Joyce Mason and Town Planner Thomas Fudala, Building Commissioner Richard E. Morgan reversed his earlier determination.  He agrees that the property located at 35 Waterline South Drive is located in a cluster subdivision and that applicable lot coverage is 30%.

Attorney Kevin M. Kirrane represented the Petition.  Mr. and Mrs. Kalowski also attended the meeting.  In order to accommodate their growing family, the Petitioner would like to construct a small 313 square-foot addition to the home.  Attorney Kirrane said that the existing dwelling is non-conforming because it encroaches into the rear setback.  It also encroaches into the 50-foot setback to water and wetlands.  The proposal is well below the 30% allowed lot coverage.  The proposal will be closer to the westerly sideline setback.  Ms. Lois Glass, the abutter most directly affected by the proposal, sent an email in favor of the proposal.  

Mr. Kalowski addressed the Board and said plans call for one of the existing bedrooms to be converted into a playroom for his grandchildren.  The existing door to this room will be removed and replaced with a 6-foot wide cased opening.  

Mr. Reiffarth noted a discrepancy on the plans describing the dwelling as a four-bedroom house.  Mr. Reiffarth said that any Decision in favor of the proposal must stipulate that the Petitioner shall submit a revised and accurate BSS Design plan describing the dwelling as a three-bedroom house.  Architect Timothy Luff assured the Board that the revised plans will be submitted to the ZBA office.

The Conservation Commission approved the proposal and issued an Order of Conditions on September 25, 2012.

Board of Health memo: “NOT in Zone II.  However, the existing leaching facility restricts dwelling to three bedrooms.”  

No comments were received from abutters.

Motion was made to grant the Written Finding.  Findings: the proposal is not substantially more detrimental than the existing, non-conforming structure; it will be an improvement to the property and will conform to current building code requirements; it is compatible in size and character with other structures in the neighborhood; there is sufficient parking; there are sufficient setbacks as may be required by the Board.  This Decision is conditioned upon compliance with the following:
  • Petitioner must submit to the ZBA office a new set of plans from BSS Design depicting the dwelling as a three-bedroom home
  • Archi-Tech Associates plan entitled: Additions & Alterations to the Kalowski Residence, 35 Waterline Dr. South, Mashpee, Massachusetts.  Date: 8/17/12.
  • Conservation Commission Order of Conditions.  
  • Board of Health stipulation restricting the dwelling to three bedrooms.
Mr. Blaisdell seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Mr. DeBarros, yes.  Vote was unanimous.

Mr. Furbush expressed his sincere apology to Mr. and Mrs. Kalowski for any confusion the Town may have caused by delaying their Petition in order to clarify the subdivision status of their property.  Mr. and Mrs. Kalowski thanked him for the apology.

DiVerdi Builders, Inc: Requests a Special Permit under Section 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non-conforming structures to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 246 Monomoscoy Road (Map 120 Parcel 53) Mashpee, MA.  Continued from October 10, 2012:   Engineer to submit revised, detailed plans.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie and Judith M. Horton and Associate Member John M. Dorsey.  Mr. Reiffarth stepped down.

DiVerdi Builders, Inc.: Requests a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations of non-conforming dwelling structures to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 246 Monomoscoy Road (Map 120 Parcel 53) Mashpee, MA.  Continued from October 10, 2012: Engineer to submit revised, detailed plans.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie and Judith M. Horton and Associate Member John M. Dorsey.  Mr. Reiffarth stepped down.

Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and stated that plans call for removal of the existing structure and construction of a new single-family home.  At the October 10, 2012 meeting, Mr. Slavinsky submitted a plan depicting a proposed landing on the northeasterly side of the dwelling with a roof.  The Board requested revised plans showing the accurate lot coverage.  The new plans show that existing lot coverage is 22%; proposed lot coverage with the landing will be 21.7%.  

The Conservation Commission approved the proposal on September 13, 2012 and issued an Order of Conditions on October 3, 2012.  Extensive mitigation plantings are planned to offset encroachment into the setback to water and wetlands.  

The Board of Health has approved the proposed septic system restricting the dwelling to three bedrooms.

No comments were received from abutters.

Mr. Bonvie made a motion to grant a Special Permit conditioned upon compliance with the following:
  • Cape & Islands Engineering plan entitled: Proposed Site Plan Located in Mashpee, Mass. Prepared for Robert DiVerdi.  Date: Aug. 29, 2012.  Revd.  Oct. 22, 2012.  Lot coverage & setback to Landing.  House No. 246 Monomoscoy Rd.   
  • The Drawing Board plan entitled: Plan No: CL-99.  Robert & Maria DiVerdi.  Site Address: 246 Monomoscoy Rd. Mashpee, MA.  Date: 10/3/12.   
  • Conservation Commission Order of Conditions.
  • Board of Health stipulation restricting the dwelling to three bedrooms.
  • Mr. Blaisdell seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Vote was unanimous.
Mr. Bonvie made a motion to grant the Written Finding.  Findings: proposal is not substantially more detrimental than the existing, non-conforming structure; proposal will be an improvement to the property and will conform to current building code requirements; proposal is compatible in size and character with other structures in the neighborhood; there is sufficient parking; there are sufficient setbacks as may be required by the Board.  This Decision is conditioned upon compliance with the same conditions referenced above.  Mr. Blaisdell seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Vote was unanimous.

NEW HEARINGS

Robert & Alexa M. Fox, Trustees: Request a Written Finding under M.G.L. Chapter 40A §6 and §174-17 of the Zoning By-laws to allow for construction of additions to a non-conforming dwelling on property located in an R-5 zoning district at 42 Tri-Town Circle (Map 40 Parcel 29) Mashpee, MA.  

After Mr. Bonvie informed the Board of his professional relationship with Mr. Cook, the Board determined there was no conflict and agreed that Mr. Bonvie could sit on this Petition.  

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, and Judith M. Horton.

Owner of Cotuit Bay Design, LLC Steven Cook represented the Petition.  Mr. Robert Fox was also present at the meeting.  Mr. Cook said that the proposal consists of a 16x36-foot, two-story addition onto the right side of the existing dwelling.  The proposal will add two more bedrooms to the one-bedroom dwelling.  One of the bedrooms will provide accommodations for Mr. Fox’s elderly mother.    Lot coverage will increase from 11.4% to 13.8%, well below the 20% lot coverage.  There is sufficient parking.  The septic system is approved for four bedrooms.

In 2003, the ZBA granted a Variance and Special Permit to allow for the accessory apartment.  The attached garage with accessory apartment has one bedroom.  Mr. Cook said that the proposal will encroach into the setback on the side abutting a 10-foot buffer zone (reserve area) between the subject property and the neighboring property.  The sloping topography of the property restricts location of the proposal.  

The ZBA office received the following Board of Health memo on October 24, 2012:  In Zone II.  A deed restriction, limiting the number of bedrooms to four (4), was filed at the Registry of Deeds in 2005.  The rough drafts of the existing and proposed floor plans were reviewed by an agent of the Board of Health.  The additions and alterations do not exceed four (4) bedrooms.  Should the Board of Appeals vote favorably on the request(s), please include a condition requiring the owners or representatives to submit a set of architecturally drawn floor plans, (to scale), of the existing and proposed alterations and additions to the Board of Health prior to building permit sign-off.  A septic inspection will also be required prior to building permit sign-off.

No comments were received from abutters.
         
Mr. Bonvie made a motion to grant the Written Finding.  Findings: proposal is not substantially more detrimental than the existing, non-conforming structure; it will be an improvement to the property and will conform to current building code requirements; it is compatible in size and character with other structures in the neighborhood; there is sufficient parking; there are sufficient setbacks as may be required by the Board.  This Decision is conditioned upon compliance with the following:
  • Cotuit Bay Design, LLC entitled: New Addition For: Fox Residence 43 Tri-Town Circle Mashpee, MA.  Date: 9/27/2012.  
  • J.E. Landers-Cauley, P.E. plan entitled: Site Plan Prepared for Robert Fox of 42 Tri-Town Circle Mashpee, MA.  Date: 09/28/12.
  • Board of Health requirement: submission of a set of architecturally drawn floor plans, (to scale), of the existing and proposed alterations and additions to the Board of Health prior to building permit sign-off by the Board of Health.  
  • A septic inspection will be required prior to building permit sign-off by the Board of Health.  
  • Mr. Blaisdell seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.
William F. and Rebecca A. Power: Request a Special Permit under §174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non-conforming structures to allow for rebuilding of a single-family dwelling on property located in an R-3 zoning district within the Popponesset Overlay District at 6 Deans Hollow Road (Map 117 Parcel 72) Mashpee, MA.

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, and Judith M. Horton.

William F. and Rebecca A. Power: Request a Written Finding under M.G.L. Chapter 40A §6 and §174-17 of the Zoning By-laws to allow for construction of a single-family dwelling on property located in an R-3 zoning district within the Popponesset Overlay District at 6 Deans Hollow Road (Map 117 Parcel 72) Mashpee, MA.  

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, and Judith M. Horton.

Attorney Kevin M. Kirrane, John Slavinsky from Cape & Islands Engineering, and designer Timothy Luff represented the Petitions.  Attorney Kirrane stated that plans call for demolition of the existing structure which was constructed in the 1950’s.  Assessed value of the land is over $600,000, while the dwelling is only assessed at $45,000.  The existing non-conforming structure does not conform to the sideline setback requirements.  The proposed new dwelling will remain at 21% lot coverage, but will conform to the side setback requirements.  It will also conform to the height requirements of the Popponesset Overlay District.  Attorney Kirrane pointed out that the proposal will conform to current building code requirements and is superior to the existing building.  He stated that the design is compatible with the changing character of the neighborhood.  Attorney Kirrane said that the proposal will add substantial value to the property and will be an enhancement to the neighborhood.

The Conservation Commission has approved extensive installation of environmentally friendly landscaping on this property as well as on the abutting property.  An Order of Conditions was issued on September 10, 2012.  This landscaping will significantly improve overall site conditions and diminish impacts on the surrounding properties, neighborhood, and wetlands.

Board of Health comments: Limited to 3 bedrooms.  Need 2nd floor plans to check number of bedrooms.  Den or 1st floor needs 6-foot cased opening.  Board of Health will check at time of issuance of building permit

Mr. Harold Cloran, an abutter at 2 Beach Road, said that Deans Hollow Road consists of gravel with only one small storm drain in front of the subject property.  He expressed concern that potential runoff from the property might worsen the flooding situation.  Mr. Slavinsky said that the combination of the four dry wells and the landscaping will contain the water on the property.  Mr. Slavinsky gave Mr. Cloran a copy of the landscaping plan.  Mr. Reiffarth commented that it appears the proposal will not increase the current flooding problem.  

Mr. Bonvie made a motion to grant a Special Permit.  This Decision is conditioned upon compliance with the following:
  • Cape & Islands Engineering plan entitled: Proposed Site Plan Prepared for William Power Hse. No. 6 Dean’s Hollow Mashpee, Mass. Date: July 15, 2012.  Revd.  Oct. 11, 2012 Lot Coverage.
  • Centerline Studios Inc. Landscape Architecture Site Plan entitled: Powers Residence 6 Deans Hollow, Mashpee, MA.  Date: August 16, 2012.
  • Archi-Tech Associates, Inc. plan entitled: Power Residence 6 Dean’s Hollow Road, Mashpee, Massachusetts 9/05/12.
  • Board of Health approval and stipulation: proposal is limited to three bedrooms.  Second-floor plans must be submitted to the Board of Health to verify number of bedrooms.  Den or first floor bedroom needs six-foot cased opening.  Board of Health will confirm at time of issuance of building permit.  
  • Conservation Commission Order of Conditions.
Mr. Blaisdell seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.

Mr. Bonvie made a motion to grant a Written Finding.  Findings: proposal is not substantially more detrimental than the existing, non-conforming structure; it will be an improvement to the property and will conform to current building code requirements; it is compatible in size and character with other structures in the neighborhood; there is sufficient parking; there are sufficient setbacks as may be required by the Board.  This Decision is conditioned upon compliance with the same conditions referenced above.  Mr. Reiffarth seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.

OTHER BUSINESS

Approve October 10, 2012 Minutes
Ms. Horton made a motion to approve the Minutes.  Mr. Blaisdell seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Mr. DeBarros, yes.  Vote was unanimous.

Mr. Morgan suggested that the Board schedule Petitions at 10- or 15-minute intervals on the Agenda.  Mr. Furbush said that he has been on the Board since 2005 and the ZBA has never scheduled Petitions in time slots.  He said that he was a little leery about adopting the policy and mentioned the difficulty involved in estimating how much time to allot each Petition.  The other Board Members agreed.  Mr. Bonvie said that, on one hand it could save a Petitioner money that is being represented by a lawyer; on the other hand it could present problems when Petitioners fail to show.  In the event of no-shows, Mr. Bonvie said that the Board would be unable to take a Petition out of order on the Agenda.   Mr. Morgan said that timing Petitions would enable the Board to continue a Petitioner who was “going overtime”.  The Board agreed to think about the suggestion.  

Ms. Horton made a motion to adjourn the meeting.  Mr. Dorsey seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Mr. DeBarros, yes.  Vote was unanimous.  Meeting was adjourned at 7:20 p.m.  

Respectfully submitted,

Cynthia Bartos

Administrative Secretary
Zoning Board of Appeals