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MASHPEE ZONING BOARD OF APPEALS
OCTOBER 22, 2014
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, October 22, 2014, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. The following Board Members were present, Chairman, Jonathan D. Furbush, Vice Chairman, William A. Blaisdell, Clerk, Ronald Bonvie, Board Member, Richard Jodka, Associate Members, Domingo K. DeBarros and Scott Goldstein and Building Commissioner, Michael Mendoza. Board Member, James Reiffarth was absent.
Mr. Furbush opened the meeting at 6:00 p.m. and announced the meeting was televised live on local Mashpee television.
NEW HEARINGS
Accidental Auto Body, Inc.: Request a Special Permit under §174-24.C.1 of the Zoning By-laws to allow for an auto body shop with parking, utilities, and landscaping in a I-1 Zoning District at 89 Industrial Drive, (Map 88 Parcel 27), Mashpee, MA. (Owner of Record: Robert A. Lawton).
Mr. Furbush read a letter received via email at 4:30 p.m., dated “October 22, 2014; Clark, Balboni & Gildea, from Attorney, Mark C. Gildea stating he represents the Applicant, Accidental Auto Body, Inc. requesting the matter be continued until November 12, 2014 meeting to allow the applicant to fully address Board of Health issues.”
Mr. Bonvie made a motion to accept the Applicant, Accidental Auto Body, Inc., request for continuance until November 12, 2014. Mr. Blaisdell seconded, yes, Mr. Furbush, yes, Mr. Jodka, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All were in favor.
Mr. Furbush stated the meeting will not be opened or heard, but allowed the following abutters to speak; Paul Iwaszko, 85 Great Pines Drive. Pehr Holmes, 114 Dover Road, and Dave Burton, 11 Cransbourne Circle.
CONTINUED HEARINGS
Cotuit Solar: Request a Variance under §174-31 of the Zoning By-laws for setback relief requirements of a residential structure located in a C2 Zone at 36 Savannas Path, (Map 62 Parcel 68B), Mashpee, MA. (Continued from October 8, 2014 Hearings).
Cotuit Solar: Request a Special Permit under §174-24, §174-25 D (1) and §174-41F for construction of a solar warehouse and meet adequate parking requirements located in a C2 Zone at 36 Savannas Path, (Map 62 Parcel 68B), Mashpee, MA. (Continued from October 8, 2014 Hearings).
Attorney, Kevin Kirrane represents Cotuit Solar LLC in connection with the applications in pursuing a Special Permit and Variance relief. Also present was Conrad Geyser, Owner, and Charlie Rowley, Consulting Engineer for the Town. Mr. Kirrane stated his client received a letter dated October 17, 2014 from Charlie Rowley regarding some issues and plot plan, and engineering concerns that should be addressed. Mr. Geyser provided an updated plan and gave a copy to Mr. Rowley for his review.
Mr. Kirrane provided the Board with a copy of the statue, Chapter 40A, Section 15 which affords the Board and the applicant to extend the time which the Board must make a Decision and filed with the Town Clerk. This extension would afford the time for Charlie Rowley to review the plans and communicate with the applicant if there are any updates required. Mr. Kirrane stated that he would like to request an extension until December 10, 2014, but will appear at the November 12, 2014 meeting to discuss any updates the Board has requested.
Mr. Rowley stated he can review the plans and narrative and can submit his comments by the middle of next week. He encouraged Mr. Geyser to contact his engineer to communicate directly with him. Mr. Geyser agreed that Mr. Rowley can communicate directly with Cotuit Solar’s engineer.
Mr. Bonvie asked Mr. Rowley if he has any engineering issues he could convey to the Board. Mr. Rowley said there are a couple issues regarding the parking that is a zoning bylaw issue, and there’s a specific air conduit or air intake line that is part of the proposal layout on Trinity Place. These items were not discussed in detail at any of the Planning Board meetings and Mr. Rowley could not make any determinations.
Mr. Blaisdell asked Mr. Rowley if they require to go back to the Planning Board. Mr. Rowley said only if there were any modifications required by the Planning Board. The only item on the plan is the intake line location. If this line was removed out of the layout from Trinity Place and incorporated strictly on their lot, there would be no issue with the Planning Board. Mr. Bonvie suggested a letter be submitted to the ZBA by the Director of the Planning Board. Mr. Kirrane stated that the pipe on the plan was approved by the Planning Board. He suggested his client remove the pipe from the layout of the road so it would not require returning to the Planning Board.
Mr. Rowley said the plan that was recorded at the registry was only one of four sheets. The pipe was on one of the sub-sheets that was approved by the Planning Board. He does not recall if it was on the final plan, or mentioned in the minutes. He did not receive any details regarding the drainage and not sure what was approved. The Planning Board is meeting again on November 5, 2014, and would be essential to be on their agenda and discuss prior to the ZBA meeting on November 12, 2014.
Mr. Kirrane would like to address the zoning issues pertaining to the Variance relief on the parking requirements, and will get detail on the pipe. Mr. Kirrane gave the Board a copy of the original building plan which they never saw.
The Board requested an updated plan at the last hearing with the corrected dimensions and mentioned in the October 8, 2014 meeting minutes.
Mr. Mendoza asked if the gate could be installed with a lock box approved by Police and Fire prior to the winter. He said it would be beneficial to have this done prior to a frost and not delay any other issues during the upcoming meetings. Mr. Kirrane said this would not be a problem.
Mr. Rowley wanted to discuss Item 8 and 9 of his detailed letter regarding the surface treatment of the parking to the South of the building. He stated he can discuss these items with Cotuit Solar’s engineer, but will not be able to resolve this matter until the ZBA makes a determination of the paving and complies with the zoning bylaw. These items would not be resolved by the meeting on November 12, 2014. The grade area is relatively flat and would require some slope treatment, and a method to make sure the sloping is stabilized.
Mr. Kirrane was handed a detailed drainage report that was submitted to the Conservation Commission and it deals with a graveled parking area. He asked if this would help Charlie determine the difference between a graveled and a paved parking area. Charlie said it’s a requirement not just with the Fire Department, but also the ZBA to make a determination under the zoning bylaw 174-39, for Variance relief. Mr. Bonvie suggested a basin be installed to capture the water run-off.
The Zoning Board determined it’s the responsibility of the Planning Board regarding the new road, the drainage easement, and the turn-around easement.
Mr. Blaisdell read the Chapter 40A, Section 15 regarding petition application, which states that both the applicant and the ZBA can agree to a reasonable extension. Mr. Furbush read the request for extension letter dated October 22, 2014, stating “The Applicant, Cotuit Solar LLC, and the Zoning Board of Appeals do herby agree to extend the time of issuing its decision on Petitions #2014-35, and #2014-36 to December 10, 2014, signed Cotuit Solar LLC and Mashpee Zoning Board of Appeals.”
John Bartlett, an abutter that resides at 28 Sampson’s Mill Road, wanted to confirm that 174-41 Item L regarding landscape berms is under the purview of the ZBA. He would like a vegetative boarder installed between his property and the applicant.
Mr. Geyser stated he is not a fan of asphalt and would prefer to have gravel. Mr. Rowley wanted to get a copy of the Order of Conditions submitted by Conservation, and an updated building plan.
Mr. Furbush made a motion to accept the request for extension to December 10, 2014, Mr. Blaisdell, seconded, yes, Mr. Bonvie, yes, Mr. Jodka, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All were in favor.
Elizabeth R. St. Pierre: Request a Variance under §174-31 (Land Space Requirements) of the Zoning By-laws to vary the front and side setback requirements to locate a shed in an R-3 Zoning District at 265 Monomoscoy Road, (Map 120 Parcel 41), Mashpee, MA.
Attorney, Rod St. Pierre representing his wife in regard to the Variance request for the shed. He stated they require more storage space for their growing family. He provided a plot plan depicting the location of the shed. He also provided pictures of his property and the vast majority of the property borders wetlands, therefore needs relief from the setback requirements. He is looking for a 2 foot variance on the side and 29 foot variance on the front.
Mr. Bonvie read an abutter letter into the record; “Mr. Thomas Smith, 266 Monomoscoy Road, does not object to the shed.”
Richard Jodka read an abutter letter into the record; “Susan Williams 262 Monomoscoy Road, does no object to the shed.”
Mr. Mendoza stated the Building Code and FEMA require any accessory structure in a flood zone over 120 square feet to be secured. He suggested the applicant pour a 4 inch thick minimum concrete slab or sono-tubes with anchor bolts. This will satisfy the Conservation Commission requirements. There’s no digging or dredging.
Mr. Furbush read the Board of Health Comments into the record; “the location of the shed is not in an area of the septic system.”
Mr. Bonvie made a motion to issue a Variance to Elizabeth St. Pierre under §174-31 (Land Space Requirements) of the Zoning By-laws to vary the front and side setback requirements to locate a shed in an R-3 Zoning District at 265 Monomoscoy Road, (Map 120 Parcel 41), Mashpee, MA. The issued Variance is 29 feet in front and 2 feet on the side yard. As conditioned upon approval of the installed shed, the slab is anchored at the satisfaction of FEMA and the Building Commissioner. Referencing a Plot Plan titled; Proposed Shed, Scale 1”=40’, P.N. Associates, Inc., 310 Oak Street, Shrewsbury, MA. Dated 9/7/2014, a drawing prepared by Pine Harbor titled; “Chatham Loft Shed” – 10 x 14’ including the standard features.
Stephen J. and Deirdre A. Greelish: Request a Special Permit under §174-45.4 of the Zoning By-laws to allow for an accessory apartment in dwelling located in an R-5 Zoning District at 130 Pond Circle, (Map 64, Parcel 110), Mashpee, MA.
Mr. Stephen Greelish, applicant and homeowner, presented the application to convert a two (2) car garage into an accessory apartment. He provided a plot plan that depicts the apartment area as 471.5 square feet and is 510 square feet total gross floor area of the structure, and a 6 x 22 foot porch addition. He stated the plot plan submitted has one door that connects the main house to the garage.
He prefers to remove the door to avoid making modifications to the kitchen and moving the proposed bathroom two feet. There are two French doors on the other side that should comply with the two egress requirements.
Mr. Blaisdell read the Accessory Apartment Bylaw, Section 174-45.4, Item A. and stressing the importance as the property owner shall submit evidence to demonstrate occupancy of the principal dwelling unit. The daughter, Gwendolyn Dillis will be purchasing the home contingent upon approval of the proposed accessory apartment.
The applicant requires two (2) Variances; 18.0’ to 16. 1’, and on the side is 27. 2’ to 21.5’, both cases there’s a requirement of 25’, for the proposed porch. There’s plenty of parking on the property.
Mr. Bonvie made a motion to issue a Stephen J. and Deirdre A. Greelish a Special Permit under §174-45.4 of the Zoning By-laws to allow for an accessory apartment in dwelling located in an R-5 Zoning District at 130 Pond Circle, (Map 64, Parcel 110), Mashpee, MA. This request is being amended to include a Variance, of 3.5 feet side yard and 9 ft. variance to the rear, and no door to the main house, and condition prior to the issuance of the building permit, the property will be conveyed to Gwendolyn Dillis. Referencing a plot plan titled; “Proposed “In-Law” Apartment”, 130 Pond Circle, Mashpee, MA, prepared for: Stephen Greelish, 130 Pond Circle, Mashpee, MA, Engineering by: Engineering Works, Inc. 12 West Crossfield Rd., Forestdale, MA. Surveying by: JC Engineering, Inc. 2854 Cranberry Hwy. E. Wareham, MA, Scale
1”=20’, Drawn P.T.M., Job. No. 201-14, sheet 1 of 1, dated 9/24/14, and revised 10/1/2014. Also referencing a drawing prepared by; Architectural Building Solutions, 3065 Cranberry Hwy. Ste. 8, E. Wareham, MA, by Paul Romanovicz Lic#CS-082079, for 130 Pond Circle, Mashpee, Garage Conversion.
Rich Jodka seconded, yes, Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All were in favor.
OTHER BUSINESS
Approve October 8, 2014 Meeting Minutes
Mr. DeBarros made a motion to approve October 8, 2014 meeting minutes. Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Bonvie, yes, Mr. Jodka, yes, Mr. Goldstein, yes. All were in favor.
Mr. Jodka made a motion to adjourn, yes, Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Bonvie, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All were in favor.
Respectfully submitted,
Mary Ann Romero
Administrative Secretary
Zoning Board of Appeals
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