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Zoning Board of Appeals Minutes 05/27/2015

MASHPEE ZONING BOARD OF APPEALS
MAY 27, 2015
MINUTES

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 27, 2015, at 6:00 p.m. in the Administrative Conference Room at the Mashpee Town Hall, 16 Great Neck Road North.  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald Bonvie, Domingo K. DeBarros and Associate Member Scott Goldstein were present.  Building Commissioner, Michael Mendoza was also present. Board Member Richard Jodka was absent.

Mr. Furbush announced that on May 18, 2015, the Board of Selectmen appointed Dom DeBarros as a full board member.

NEW HEARINGS

12 Pine Ridge Road, and 30, 32, and 36 Monomoscoy Road West: Owners request a Written Finding under Article V §174-17, and §174-20 to raze and replace a single-family dwelling on property located in an R-3 Zoning District. Assessor’s Map 114 Parcels 79, 80, 81, and 82, Mashpee, MA. Owners of record: Robert L. and Denise L. Archila.

12 Pine Ridge Road, and 30, 32, and 36 Monomoscoy Road West: Owners request a Variance under §174-31 for relief of the front, side and rear setbacks, and lot coverage to allow for construction of a single-family dwelling on property located in an R-3 Zoning District. Assessor’s Map 114 Parcels 79, 80, 81, and 82, Mashpee, MA. Owners of record: Robert L. and Denise L. Archila.

Mr. Archila and his wife were present. Mr. Archila represented himself. He stated that the house was built by his in-laws over 50 years ago. He pointed out that the lot was irregular shaped which made meeting the 40 foot setback from Monomoscoy Road West difficult and that the proposed garage would be set closer to the 15 foot side line. The existing shed on the site would be demolished. Part of the property is in the 11 Flood Zone but they are building within the “X” Flood Zone. He proposes the house to face Pine Ridge Road and that the new home will be 25.5 feet above the average grade. The current lot size is 18,469 sq. ft., and proposing 21, 531 sq. ft., the front setback is 56.35 ft., and proposing 72, the side setback is 15.6 ft., and proposing 9.6 ft. The lot coverage is 11%, the proposed is 9.8%.

Mr. Furbush said that the lot frontage is on two roads so the applicant is entitled to setback relief. Mr. Bonvie has safety concerns because the drive way is on Monomoscoy West and the front is on Pine Ridge Road. Mr. Mendoza stated as long as the proper address is on the front door it should not be a problem with the Fire Department.

Mr. Furbush read the comment into the record from Conservation dated May 22, 2015; “The Conservation Commission has approved the applications for Pine Ridge”. He also read the Board of Health comments dated May 18, 2015; “Septic inspection required prior to issuance of building permit.

There was discussion regarding the multiple lots and the procedure to combine them. Mr. Mendoza said an ANR (Approval Not Required) will need to be filed with the Planning Board and signed off as noted under M.G.L. 40A. As long it has 50 feet of frontage and 5,000 sq. ft. it meets the bear minimum, and it’s not a zoning determination. It’s a formality and will be the Building Commissioner’s determination to meet zoning.

Mr. Bonvie made a motion to issue a Written Finding. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A, yes. Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All were in favor.

Mr. Bonvie made a motion to issue Variance with the following conditions:

  • The building plans need to depict the height and will not exceed the 35 feet of the average grade requirement.
  • The shed and its foundation to be removed.
  • The lot is clearly fronting on Pine Ridge Road.
  • All the lots will be combined in perpetuity.
  • Referencing Elevation 11 flood line to be discussed with the Zoning Officer.
  • Comply with conditions issued by Conservation Commission.
  • Comply with Board of Health conditions of the septic system must be inspected prior to issuance of a building permit.
The current lot size is 18,469 sq. ft., and proposing 21,531 sq. ft., the front setback is 56.3 ft., and proposing 72, the side setback is 15.6 ft., and proposing 9.6 ft. The lot coverage is 11%, the proposed is 9.8%.
  • Referencing a plot plan titled; Site Plan for Proposed Dwelling, located at: 12 Pine Ridge Road, Mashpee, MA. Prepared for Denise Alexander Archila and Robert Archila, dated March 18, 2015, revised: April 24, 2015. Signed by Edward A. Stone, Registered Engineer, Meyer & Sons, Inc. PO Box 981, East Sandwich, MA 02537. Sheet 1 of 1. J#1719B. Also referencing preliminary house plan drawings for 12 Pine Ridge Road, Mashpee, MA. Proposed Dwelling for Denise Alexander Archila and Robert Archila, titled; Front Elevation, Rear Elevation, Left Elevation, Right Elevation, Second Floor Plan, First Floor Plan, and Foundation.
Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. DeBarros, yes, and Mr. Goldstein, yes.

20 Elliot Road:  Owners request a Written Finding under Article V §174-17 to raze and replace a single-family dwelling on property located in an R-3 Zoning District and Popponesset Overlay District.  Assessor’s Map 118 Parcel 115, Mashpee, MA. Owners of Record: Kathleen P. Bragdon and Joseph G. Imbriani, Trustees.

Mr. Kevin Kirrane representing the applicants for the razing and replacing of the single family home. Also present was Denise Bonoli, Architect, and Tom Bunker, Engineer with BSS Design. Mr. Kirrane provided the Board with a narrative and plot plan depicting the existing and proposed conditions. The existing plan depicted the lot size as 9,258 square feet and three structures consisting of a dwelling, deck and garage. The current front setback is 21.5’ and a proposed front setback to 20.6’. He also provided photographs of the current house and recently approved houses in the neighborhood. The non-conforming lot coverage percentage is currently 25.08% and reducing it to 24.94% and is the only non-conformity that will result from the new plan of the proposed dwelling. The proposed dwelling will be located so that it will conform to current sides setback criteria to 16 feet to the right side property line and 16.5 on the left side line, and over 30 feet to the rear property line and conform to the front because it meets the average to the two structures on either side (per §174-31 (4) and (6)). A new septic system will be installed and the building will meet current code requirements and is an improvement to what currently exists.

Mr. Furbush had a question regarding the grade of the back elevation on the house plans. Ms. Bonoli approached the Board and explained that she updated the drawing that will depict a light well to the lower level, and an exterior stairwell showing the grade line beyond the 6 foot wall that goes across. This wall is a retaining wall and is considered part of lot coverage. Ms. Bonoli will revise the plans as requested by the Board. The other question the Board had is the oversized cupola. Mr. Bonoli referenced the #4 footnote in Section 174-31, of the Zoning Bylaws regarding the height restrictions. The Board argued that it’s too large and should be significantly reduced because it is considered part of lot coverage and the Board would like to discuss with Town Counsel. The Board would also like to see that dry wells are installed when the applicant applies with the Board of Health.

Mr. Mendoza said the focus should be on the site plan, and any contractor knows that the Board of Health has to approve the project prior to issuance of a building permit.

Mr. Kirrane would like to revise the plans and continue the hearing until June 10, 2015. The Board accepted the continuance subject to revising the plans regarding, the lot coverage, the Board of Health filing and dry wells, and the dimensions of the cupola.

117 Industrial Drive:  Clipper Landscape requests a Special Permit under §174-25 (G) (13) to allow for construction of a 6,240 sq. ft. commercial building and utilized by a landscape company on property located in an I-1 Zoning District. Assessor’s Map 88 Parcel 29-0-E, Mashpee, MA. Owner of record: Town of Mashpee (EDIC).

Mr. Furbush pointed out that Associate Member, Scott Goldstein is stepping down because he is an abutter which leaves only four Board members and would require all four members to vote positive. The Board is also concerned that the engineering plans be reviewed by a consultant who represents the Town. This is a concern that has been discussed at previous hearings upon receiving prior commercial/industrial applications. Mr. Bunker addressed the Board and said that Charlie Rowley reviewed the preliminary plan at the Plan Review Meeting.

Mr. Steve Haddad, Builder representing the applicants introduced Mr. Tom Bunker at BSS Design, and the owners of Clipper Landscape Design, Mike Szarlan, and Dan McLaughlin. Mr. Haddad said that Clipper Landscape currently has their business in Falmouth, Ma. They purchased the Mashpee property from EDIC and expect to expand their business to thirty employees during the summer.

He provided an extensive site plan depicting the building design, landscape features, and the turning radius. He also provided pictures of the landscape equipment and material that will be used for their business. There will also be snow removal equipment during the winter months. The hours of operation will be approximately 6:15 am in the morning until 7:15 pm, with employees arriving to pick up and return equipment. The driveway will be designed to avoid truck backup alarms so not to disturb the abutters. The business will not be conducting any retail business onsite except for an occasional customer to conduct contractual business.

There will be stationary storage bins onsite filled with landscape material. The dumpster will be moved according to the Board of Health requirements. The business owners do not own a chipper shredder and occasionally rent this equipment to reduce yard waste. The Board of Health approved the septic design and tight tank with alarms. Any water runoff is captured into a detention bio-swale. The roads will be paved as requested by the Fire Department. The DPW requires a curb cut or Cape Cod berm.

Mr. Bonvie read the Board of Health comments into the record; Board Of Health Requirements for Commercial Buildings:

  • Proposed drainage swales shall have subsurface MDC-type catch basins and leaching structures.  The MDC catch basins shall be monitored yearly.  An executed contract for servicing of the MDC-type catch basins shall be provided to the Board of Health prior to issuance of a Certificate of Occupancy.
  • Safety Data Sheets (SDS) shall be kept on premise in bound notebooks for all hazardous products.  The SDS shall be available for inspection by an agent of the Board of Health.
  • Hazardous materials shall be limited in volume to 200 pounds dry weight and 220 gallons of liquid storage.  Hazardous waste shall be limited according to 310 CMR 30.00, Massachusetts Hazardous Waste Regulations.  Storage of hazardous materials outside is prohibited.  An executed contract for the removal of hazardous waste from the facility by a licensed hazardous waste removal company shall be provided to the Board of Health prior to issuance of a Certificate of Occupancy.
  • All changes in tenancy and/or use of each unit shall be approved by the Board of Health prior to issuance of a lease or sale of each unit.
  • Board of Health regulations Part IX, section 5.00 requires the installation of the reserve area to be installed at the same time as the primary leaching area
  • Washing machines are prohibited on Title V systems.  They are considered industrial discharge and require municipal sewer or industrial tight tanks.
  • Boat washing is considered industrial discharge and must be approved by the Board of Health.
  • Operations shall not cause a “nuisance” or the operation will be considered a noisome trade.
Mr. Bonvie read the Conservation Comments into the record; “The Industrial Drive project is not within wetlands jurisdiction.

Discussion about having a representative from the Town’s engineering department reviewing the site’s drainage plan. Mr. Mendoza stated that he would take the responsibility of making sure that the drainage and site is reviewed by the Town’s engineering department prior to the issuance of any building permit. The payment will be established with the Building Department.

Mr. Bonvie made a motion to issue a Special Permit to the applicant. Referencing the plans titled; Layout Plan, Grading & Drainage Plan, Utility Plan and Septic System and Floor Drain Details, prepared for Clipper Landscape, 117 Industrial Drive, Mashpee, MA, scale 1” = 20’, dated April 24, 2015, drawn by; EJP, TJB, job number 15038, revisions for permitting only, not for construction, drawing number B23-16. Building Plans; submitted by Bruce Devlin Design for Clipper Landscape, New Building, 117 Industrial Drive, Mashpee Industrial Park, Mashpee, MA. Scale: 1/8” = 1.0, Dated April 2015. Also included in this motion are the following conditions:

  • The applicant will seek and obtain approval from a Town Engineer of the subject plans and will pay the Town Engineer such fees as necessary, and will be overseen by the Building Commissioner prior to issuance of a Building Permit.
  • Board of Health approval as specified under their Requirements for Commercial Buildings.
Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, and Mr. DeBarros, yes.

OTHER BUSINESS

Approve May 13, 2015 Meeting Minutes

Mr. Goldstein made a motion to approve the meeting minutes, yes, Mr. Furbush, seconded, yes, Mr. Bonvie, yes, Mr. DeBarros, yes, and Mr. Blaisdell, yes. All were in favor.

Mr. DeBarros made a motion to adjourn. All were in favor.

Respectfully submitted,



Mary Ann Romero
Administrative Secretary
Zoning Board of Appeals