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MASHPEE ZONING BOARD OF APPEALS
SEPTEMBER 9, 2015
MEETING MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, September 9, 2015, at 6:00 p.m. in the Popponesset Meeting Room at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan Furbush, William A. Blaisdell, Ronald Bonvie, Domingo K. DeBarros and Associate Member Scott Goldstein were present. Board Member, Richard Jodka was absent.
Jonathan Furbush, Chairman opened the meeting at 6:00 pm and announced that Scott Goldstein will be sitting in for Richard Jodka.
CONTINUED HEARINGS
21 Deborah Bottle Road: Owners, Christopher L. and Mary E. Winslow request a Variance under §174-31 of the Zoning By-laws for relief from frontage and lot size requirements to deem lot buildable on property located in an R-5 Zoning District, (Map 71 Parcel 89-0-R), Mashpee, MA.
At the last meeting, the Board requested a continuance so they could discuss the details of the petition with Town Counsel. Mr. Kevin Kirrane representing the applicant returned to hear the Board’s determination. He said he didn’t have more to add to his presentation and believes the Board is well aware of the circumstances that the lot remains one of the only, if not the only undeveloped lot in the over 100-lot subdivision. The lot is also one of the five largest with significant topographical features in the development, and believes the Board has the discretion to grant the relief without any substantial detriment to the neighborhood or derogating the intent of the bylaw.
Mr. Furbush stated with the answers he received from Town Counsel and the fact that the lot is very large, and larger than others in the area. It’s a “pie-shape” lot that slopes toward the pond which he determined is a hardship, and the fact that the applicant is paying taxes, and in his opinion could become a buildable lot. He would like to see the lot setup as a “building envelope”, meaning no future variances will be given. Mr. Kirrane believes his client would accept any conditions the Board makes that any future construction on the property comply with existing zoning requirements. Mr. Bonvie and Mr. Blaisdell both agreed with the Chairman’s determination, especially given the unusual history of the lot.
Mr. Bonvie made a motion to issue a Variance under §174-31 of the Zoning By-laws for relief from the frontage in the amount of 38 feet, and lot size of 48,309 square feet requirements to deem lot buildable on property located in an R-5 Zoning District, (Map 71 Parcel 89-0-R), Mashpee, MA
The following conditions apply; the applicant will not seek and/or obtain any future variances, and must comply with all zoning and building requirements with the Town of Mashpee, for a building permit, and in the future no further relief will be issued by the Zoning Board of Appeals, and for any title in the event the applicant sells the lot. Also included in this condition; Board of Health comments; “the property is not in Zone II so number of bedrooms are not restricted by the lot size as long as town water is connected to dwelling. Up to 5 bedrooms allowed on conventional Title V system.” Referencing a Sub-division plan, “Winslow Heights”, Winslow Cape Realty Trust, George A and Ruth J. Winslow Trustees, dated September 5, 1985, Scale: 1” = 100’, Lot 5, Town of Mashpee Locus, Map 79, Parcel 89, 0.73%
of an acre. Lot size 31, 691 square feet.
Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All members determined the lot to be buildable under §174-31 of the Zoning By-laws.
NEW HEARINGS
161 Daniels Island Road: Owners, Richard J. and Ranney Lawless request a Written Finding under Article V §174-17 to raze and replace an existing dwelling (foundation to remain) with an addition and patio on property located in an R-3 Zoning District. Assessors Map 105 Parcel 271/0, Mashpee, MA.
Attorney, Kevin Kirrane represented the applicant for the proposed project. Also present was the homeowner, Richard Lawless, and Architect, Harry Capone. He provided an existing and proposed conditions plan with a detailed narrative, and photos of the neighborhood. The applicant is proposing to raise the existing single-story, single-family 3-bedroom dwelling, and construct a two story 3-bedroom dwelling on the existing foundation. In addition, there are a couple of small additions that are highlighted on the plot plan. A small addition on the northwesterly side of the property and a small addition over an existing deck. There is an existing deck on the front of the building which is going to be removed, and an existing portion of the stairway to the existing deck on the rear portion will also be removed. This will enable
the homeowner to keep the premises under the existing lot coverage. As shown on the plan, the lot is approximately 11,300 square feet and has 70 feet of frontage on Daniels Island Road. The building currently is a pre-existing, non-conforming structure. It sits only 16.5 feet off Daniels Island Road. Currently there’s a 40 foot setback requirement; the home sits 11.8 feet off the southeasterly boundary line that it shares with lot 8, and requires 15 feet. It does have a conforming side yard setback of 3 feet on the northwesterly side of the structure. It is also non-conforming given its proximity to the wetland resource area retaining wall. The deck sits about 12.1 feet from the top of the bulkhead wall.
The proposal is to build on the existing foundation with the addition of the small bump-out on the westerly side of the structure. This building was built in the ‘80’s and had a very small kitchen area, and one bathroom on the first floor in the master suite which is not accessible. There is one bedroom on the first floor, and two bedrooms on the second floor.
These new additions will create an accessible bathroom. The lot coverage is currently 2,760 sq. ft. which represents 24.42% lot coverage. The proposal is for 2,750 sq. ft. (10 square feet less than current conditions), or 24.33% lot coverage. This relief can be granted which permits alterations and changes to pre-existing, non-conforming structures.
Mr. Goldstein asked if the cantilever over the garage is the same footprint that currently exists. Mr. Capone said; “yes”. Ron said the plot plan depicts the flood elevation as “AE EL 13”, but on the existing house, the first floor elevation shows 12.7’. Mr. Capone said he is raising the foundation 1’. 4”, and will be slightly over 13 ft. Mr. Bonvie and Mr. Blaisdell said the plan should be corrected. Mr. Furbush wants an updated plan. Mr. Goldstein said it will also change the roof. Mr. Capone said the height on the building is accurate on the plan.
Mr. Bonvie read the Inspection Department comments into the record; “The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area – listed as “Moderate Sensitivity”. This project is also within the AE Flood Zone. All work shall conform to the MA State Building Code requirements for construction within an AE Flood Zone. The applicant is seeking a Written Finding under Article V §174-17 to determine if the removal of an existing home, but keeping the original foundation which is to be used to reconstruct a new home on said foundation would be more non-conforming. The applicant is also looking to add two (2) additions onto the property. Both of these additions appear to be closer than 50 feet to the salt marsh located to the rear of the property. This may be violation of §174-3 – Setback from
water and wetlands. Also, the rear deck, which I am not sure if it is existing or proposed - is also closer than 50 feet to the salt marsh. Because neither of these additions and the deck (if new to the site) had asked for relief from §174-3 – the Board may not be able to rule on this for it was not requested by the applicant and thus not properly advertised.”
Mr. Kirrane said the existing building is a non-conforming structure. The permission is to alter a change to a pre-existing, non-conforming structure, and not increasing the non-conformities. He is maintaining the same front yard setback, and the same side yard setback. The existing deck is only 12 feet from the wetlands, and not violating the 50 ft. setback if already at 12, under §174-17. The addition is much further away than the deck is currently, and will be built over the existing deck.
Mr. Furbush read the Conservation Commission comments into the record; 161 Daniels Island project was approved by the commission with no issues. Mr. Blaisdell read the Board of Health comments into the record: “Septic inspection required due to additions/change in footprint of foundation. Septic good for three bedrooms. Proposed floor plans show three bedrooms. OK.
Mr. Capone said he calculated the new topo floor elevation as 14.36.
Mr. Bonvie made a motion to issue a Written Finding to Richard J. and Ranney Lawless under Article 5 Section 174-17 with the foundation to remain, and increase in height with an addition and patio on property located at 161 Daniels Island Road, (Map 105 parcel 271/0), Mashpee, MA. The following conditions; an updated plot plan needs to be updated referencing the submitted plot plan, drawing number B22-41, Plot By BSS Design Engineering & Surveying. Proposed Additions prepared for Richard and Ranney Lawless, 161 Daniels Island Road, Mashpee, MA. Scale 1” = 20’, dated May 28, 2015, drawn by EJP, TJB, Job Number 14080. Revisions: Removed proposed seaward steps, retained steps at Northeast corner, June 9, 2015, TJB. Enlarged addition, regarded patio, July 22, 2015, TJB, Added “Existing Conditions Plan”, printed on
larger sheet. 9/8/15. TJB, Drawing Number B22-41. This plan needs to be amended to comply with the regulations specifically the flood zone elevations. Also a set of plans titled: “Lawless House Additions and Alterations”, 161 Daniels Island Road, Mashpee, MA. Dated 7/23/15. Drawn by: Harold Capone Residential Design, 5 Spinnaker Street, Sandwich, MA 02563, West Elevation -Front View from Daniel’s Island Road, ¼”= 1’ 0”, East Elevation-Back View from Popponesset Bay ¼” = 1’ 0”. North Elevation – Left Side ¼” = 1’ 0”. South Elevation – Right Side 1/4” = 1’0”, First Floor Plan ¼” = 1’0”, Second Floor Plan ¼” = 1’0”.
Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Goldstein, yes, Mr. DeBarros, yes. All members were in favor of the raze and replace project (foundation to remain), alterations and additions are not more non-conforming than what currently exists.
24 Shipwreck Drive: Owner, London Wilmot requests Variance relief under §174-31 of the rear property yard setback to allow for construction of an attached garage on property located in an R-3 Zoning District. Assessors Map 76 Parcel 56, Mashpee, MA.
Mr. London Wilmot represented himself for the proposed garage project. He stated when he bought the property from Peter Michelson he was unaware the conservation land specifications changed from 10 feet to 15 feet. His house is currently 12.3 ft. from the back corner. He said when the property changed owners, the allowance changed from 10 feet to 15 feet.
Mr. Furbush reviewed the plot plan and said that the proposed garage is 11.2 feet away from Simons Narrows Road.
Mr. Bonvie read the Board of Health comments into the record; “the original septic and house plans did include a garage addition. There was an issue with the septic installer not locating the proposed system as per plan but the variance for the tank to the garage slab would be approved once submitted formally to the BOH. No mitigation like a rubber membrane would be required unless the tank were less than 5’ to the slab. Septic is built for 3 bedrooms.”
Mr. Furbush read the DPW Comments into the record; “The rear property line for the above abuts the Mashpee River Woodlands, a 255 acre conservation property. Properties adjacent to the Woodlands are at risk for potential spread of wildfires.
A fire break maintained by the Town is located along the rear property line to assist firefighters with attacking a wild land fire. The DPW and Fire Department recommend that the property owner maintain a cleared area between the property line and the proposed garage/existing house as an additional wildfire management measure.”
Mr. Robert Dias, DPW Supervisor for the Town of Mashpee commented that there’s a 20 foot buffer behind the parcel, and a 100 foot clearance from the woodlands so if there’s a fire it won’t spread to adjacent homes. The fire department has access through Simons Narrows Road from Mashpee Neck Road.
Mr. Furbush stated that a revised site plan needs to be submitted with the existing and proposed conditions, specifically depicting the garage variance of 3.8 feet. The Board of Health will approve and sign-off on the septic plan when submitted to their department.
Mr. Bonvie made a motion to issue a Variance to London Wilmot, of 24 Shipwreck Drive, under Section 174-31, in reference to his rear property yard setback in the amount of 3.8 feet to allow for construction of a 17’ x 18’ attached garage on property located in an R-3 Zoning District. Assessors Map 75 Parcel 56, Mashpee, MA. Included in this motion referencing the following plans; Proposed Garage, 24 Shipwreck Drive, Mashpee, MA. Prepared for: London Wilmot, 24 Shipwreck Rd., Mashpee, MA. 02649. Engineering by: Engineering Works, Inc. 12 West Crossfield Road, Forestdale, MA 02644, Surveying by Warner Surveying, 22 Long Road, Harwich, MA. Scale: 1” = 20’, Drawn: P.T.M., Job No. 185-15, Dated: 7/7/15, Checked: P.T.M., Sheet No. 1 of 1. Signed by: Peter T. McEntee, Civil Engineer No. 35109, 7/8/15, Terry Ann Warner
No. 38721, Registered Engineer, 7/8/15. This plan references a septic tank which needs to be addressed with the Board of Health prior to a building permit. Also a plan titled; New Addition/Remodeling for Wilmot Residence, 24 Shipwreck Drive, Mashpee, MA prepared by Cotuit Bay Design, LLC, 43 Brewster Road, Mashpee, MA. A1, Scale= ¼” = 1’0’, dated: 7/2/2015: First Floor and Second Floor Plan. A-2: Front, Right and Rear Elevation. The plan references a septic tank and requires Board of Health approval and sign-off on the septic plan when submitted to their department.
Mr. Blaisdell, seconded yes, Mr. Furbush, yes, Mr. Goldstein, yes, Mr. DeBarros, yes. All were in favor to issue a Variance of 3.8 feet from the rear property line to allow for construction of a 17’ x 18’ attached garage.
29 Saddleback Road: Owners, Robert N. Dias and Katie M. Fox request Variance relief under §174-31 of the side property yard setback to allow for construction of an attached garage and mudroom addition on property located in an R-5 Zoning District. Assessors Map 44 Parcel 113, Mashpee, MA.
Robert Dias represented himself and provided a plot plan that depicts garage dimensions as 24’ x 28’ and the 8’ x 15’ mudroom addition. He also provided house plans of the first floor and second floor additions. He is eliminating the second bedroom so he can construct a bedroom over the garage.
Mr. Furbush read Board of Health comments into the record; “The owner of 29 Saddleback Road contacted the Board of Health to explain his plans for the proposed garage addition. Glen Harrington had left for the day, and I reviewed the plans with the owner. The lot is located in a Zone II and therefore restricted to three bedrooms.
After reviewing the plans for the above-stated property, the owner is proposing to eliminate one bedroom in the main dwelling and will create another above the garage thereby maintaining the three bedroom restriction. At the time the building permit sign-off is requested for the garage addition, we will review the plans to ensure the house remains a three bedroom.”
Mr. Goldstein requested and updated plan showing the existing and proposed lot coverage. Mr. Furbush would like to have the plans showing the sheds with the dimensions. Rob is removing one shed.
Mr. Blaisdell said the updated plans should depict the following; present and proposed lot coverage, two sheds, and indicate the one that will be removed.
Mr. Bonvie made a motion to issue a Variance to Robert N. Dias and Katie M. Fox of 29 Saddleback Road of the side property yard setback which is side yard to a Road in the amount 17’6” to allow for construction of a 24’ x 28’ attached garage and a 8’ x 15’ mudroom addition on property located in an R-5 Zoning District. Assessors Map 44 Parcel 113, Mashpee, MA. Referencing a plan that needs to be corrected titled; “A Plan by CapeSurv, 23 West Bay Road, Suite G, Osterville, MA 02655, Sheet # 1 of 1: Titled: “Plan of Proposed Garage & Breezway” at 29 Saddleback Road, Mashpee, MA. Dwg# C821_1G, Scale: 1” = 30’, Dated: 18/AUG/15. Submitted by: Richard R. L’Heureaux, No. 34312 Registered Land Surveyor. The updated plan needs to depict two existing sheds, one of which will be removed and one
will remain. Also referencing the Board of Health comments dated September 9, 2015. The Board requested the first floor plan needs to be revised.
OTHER BUSINESS
Mr. Goldstein made a motion to approve August 26, 2015 Meeting Minutes. Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Bonvie, yes, and Mr. DeBarros, yes. All were in favor.
Mr. Goldstein made a motion to grant a 6-month extension regarding 10 Popponesset Island Road (Owner, Leslie A. Wagner Caffyn, Variance-2014-40) front yard and lot coverage relief. Requesting the extension date to March 8, 2016. Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. DeBarros, yes, and Mr. Bonvie, yes. All were in favor.
Mr. Goldstein made a motion to adjourn. All were in favor.
Respectfully submitted,
Mary Ann Romero
Administrative Secretary
Zoning Board of Appeals
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