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MASHPEE ZONING BOARD OF APPEALS
MARCH 9, 2016
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, March 9, 2016, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Chairman, Jonathan D. Furbush, Vice Chairman, William A. Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Associate Members, Brad Pittsley and Norman J. Gould were present. Also present was Mike Mendoza, Building Commissioner.
Chairman Furbush announced the meeting was televised live on local Mashpee TV.
PLEDGE OF ALLEGIANCE
CONTINUED HEARINGS
Chairman Furbush announced that the four regular Board Members and Associate Member Norman Gould was sitting in on this hearing, and will alternate the other petitions between Mr. Gould and Mr. Pittsley.
The Chairman also announced that two Board members present at tonight’s hearings read the February 10, 2016 minutes and will be able to vote on this hearing.
138 Waterway: Owners, Brian M. and Nicole K. Clark are requesting a modification to Special Permit (SP-01-6) to replace an existing spa and trellis sitting on a raised patio with an in-ground swimming pool and spa of a similar but larger size. (At the request of the Board, continued from February 10, 2016 hearings).
Attorney, Kirrane represented the homeowners for the proposed pool project. At the meeting back in February, the Board questioned whether the plot plan and comments they received from the Conservation Department were consistent with the plan that was submitted and approved by the Conservation Commission. The only distinction was the two details at the top of the plan for informational purposes. A revised plot plan was submitted by the applicant prior to the hearing.
Attorney, Kirrane stated the proposal contains the same lot coverage as the previously approved project as shown in the photographs he provided in front of the Board. The only change is in the design and size of the pool, and some added landscaped areas to accommodate the minor increase in the size of the pool.
Chairman Furbush read the comments from the Conservation Department into the record; “This project has received a permit from the Conservation Commission. One tree will be removed in close proximity to the proposed pool expansion. As compensation for this, a new tree (native hardwood) will be planted closer to the edge of the wetlands/shoreline where mitigation currently exists from previous projects.”
Chairman Furbush read the comments from the Inspection Department into the record; “The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area – listed as “High Sensitivity”. The applicant is seeking a modification to remove an existing spa and replace it with an in-ground swimming pool and a spa. This department does view an in-ground swimming pool as a structure and counts towards lot coverage.”
Mr. Bonvie made a motion to issue a modification with the following conditions; the comments from the Inspection and Conservation Departments and referencing a plot plan– Proposed Swimming Pool prepared by BSS Design Engineering & Surveying. Prepared for Brian Clark, 138 Waterway, New Seabury, MA. Scale 1” = 20’, dated November 22, 2015, drawn by: EJP, TJB, Checked by: TB, Job Number 14145, Revisions: Added Phoenix Group Plan and adjusted patio limit Dec. 30, 2015, TJB, Added Dimensions and Areas of Planting Beds, Feb. 23, 2016. Title: Site Plan, Page 1 of 1, Drawing Number B23-87.
Mr. Blaisdell, seconded, Mr. Gould, yes, Mr. Furbush, yes, Mr. Goldstein, yes, and Mr. Bonvie yes. All were in favor of the 138 Waterway minor modification pool expansion.
NEW HEARINGS
25 Sand Dollar Lane: Owners, Aldo R. and Sandra P. Esposito request a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of a 10’ x 12’ screened room underneath existing deck on property located in an R-3 Zoning District (Map 105 Parcel 89), Mashpee, MA.
Mr. Darrell Chapman represented the homeowners for the proposal of the screened room underneath the existing deck. It will be built onto a blue stone patio, and the screens will be installed top to bottom 30” by 80”. The frame will be 4’ x 4’, pressure treated polls with 2’ x 4’ pressure treated top and bottom plates. There is no excavating. The ceiling is a PVC board system that will be attached to gutters with down spouts painted white. The structure will not be built beyond the existing deck of the walk-out basement.
Chairman Furbush read the Inspection Department comments into the record; “The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area – listed as “High Sensitivity”. The applicant is seeking a Written Finding under Article V §174-17 to construct a 10’ x 12 screened room which is being constructed underneath an existing deck. The Board has to make the determination if this would increase the non-conforming nature.”
Chairman Furbush read the comments from the Conservation Department into the record; “The Conservation Agent has reviewed the plans for this proposal. As there is no expansion of structure closer to the coastal bank/wetlands, this does not require a permit application. The agent has made recommendations for storm water runoff capture to the contractor.
Mr. Chapman said he is capturing the water into a gutter and released with a splash block. It is not in a flood zone as determined by the Building Commissioner.
Mr. Bonvie made a motion to issue a Written Finding with the following conditions;
- The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6.
- Conservation Agent recommendations for storm water runoff capture.
- Plot Plan – Existing House prepared for Sandi Esposito, 25 Sand Dollar Lane, Mashpee, MA by BSS Design Engineering & Surveying. Scale: 1” = 20’, Dated: August 26, 2014, Drawn by: EJP, Job Number 14142, and Drawing Number P22-64. Also referencing a plan of the actual structure, pages 1 through 3. Depicting a 10’ x 12’ porch on a blue stone patio.
Mr. Goldstein, seconded, Mr. Blaisdell, yes, Mr. Furbush, yes, Mr. Pittsley, yes, and Mr. Bonvie, yes. All were in favor of the screened porch underneath an existing deck.
58 Popponesset Island Road: Owners, Michael and Julie Rand request a Variance to allow for construction of an in-ground pool and patio under §174-33 of the Zoning Bylaws to vary the setback at least fifty (50’) feet from any water or wetland on property located in an R-3 Zoning District, (Map 106 Parcel 25), Mashpee, MA.
Mr. John O’Dea, Professional Engineer with Sullivan Engineering and Consulting in Osterville, MA, represented the homeowners for their proposed pool project. The pool will be located within fifty (50) feet of the stone embankment and meets the definition under the wetlands and conservation protection regulations. The project was before the Conservation Commission two weeks ago, and they continued the project requesting additional information on the plan which was submitted to the Conservation Agent, and will be presented at their hearing Thursday (tomorrow) evening. They specifically asked for more plantings along the seaward edge of the lawn, and a pad for the pool equipment that will be located behind the garage.
Mr. Bonvie stated that Conservation approval should be obtained prior to applying to the Zoning Board of Appeals. He was concerned that the Zoning Board approval of the Variance being pre-mature without knowing the outcome of the Conservation Commission hearings and the Conservation Agent’s comment regarding the “work limit line” on the plan. He read the Conservation Comments into the record; “This project was presented to the Conservation Commission on Feb. 25th.
The hearing was continued to March. 10th at the request of the applicant to furnish additional information on the plan, including a work limit and reorganization of the proposed mitigation areas to provide additional plantings near the top of the coastal bank (as opposed to the side lot lines). Lastly, a proposed pool storage shed must be shown on the plan. I do anticipate that this project will be approved by the commission once revised plans are provided for the March 10th hearing.”
Chairman Furbush clearly stated he will have to return to the Zoning Board if the Conservation Commission makes any changes because the Variance will become null and void.
Chairman Furbush read an abutter email into the record; “dated Wednesday, March 9, 2016 from Jacob Shammash, the Shammash family at 64 Popponesset Island road would voice objection to the construction of a pool at 58 Popponesset island Rd. We hope the Conservation Commission will object also......respectfully submitted.” Chairman Furbush believes they will object to the noise. He would like to have something surrounding the pool equipment.
There was a discussion about what the abutter’s objections were. The vagueness of the abutter’s objection made it difficult for the Board to determine if it was a sight or sound issue.
Mr. Bonvie communicated to the applicant that Conservation approval should be obtained prior to applying to the Zoning Board of Appeals.
Building Commissioner, Mike Mendoza noticed on the plan that the stone wall does not continue all the way along the lot line toward the rear of the property. He also wanted clarification from the applicant regarding the comment from the Conservation Agent requesting a pool storage shed.
Mr. Furbush 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”. The applicant is seeking a Variance under Article V §174-33 to construct an in-ground swimming pool which will be within the 50’ setback from the water or wetland boundary.
Mr. Bonvie made a motion to issue a Variance to the applicants in the amount of 10 foot, 4 tenths of a foot.
- Site Plan Proposed Improvements at 58 Popponesset Island Road, Mashpee, MA Dated February 2, 2016, Scale: 1’ = 20’, Prepared by: Sullivan Engineering & Consulting, Inc. 508-428-3344, PO Box 659, 7 Parker Road, Osterville, MA 02655, Draft: CTR, Review JOD, Project: 350027, Field CTR/WHK, Comp: CTR, Project: Rand. Prepared for: Michael & Julie Rand. Rev: Increase Mitigation Area 2/11/2016, and Rev: Changes per conservation comments 3/2/2016.
- Conservation Agent recommendations submitted for the Commission’s continued hearing on March 10th. Any alterations or additions to the plan will require the applicant to return to the Zoning Board of Appeals.
- Referencing the Archaeology bylaw.
- Subject to the addition or inclusion of a fence to reduce noise that could possibly be heard by the pool equipment.
- Pending Conservation approval.
Mr. Blaisdell, seconded, Mr. Furbush, yes, Mr. Goldstein, yes, Mr. Gould, yes, Mr. Blaisdell, yes and Mr. Bonvie, yes. All were in favor of the in-ground pool project.
23 Cordwood Road: Owner, Jane H. Egasti, Trustee requests a 4 ft. Variance of the side yard setback under §174-31 of the Zoning Bylaws to allow for extension of an existing garage on property located in an R-3 Zoning District and (Popponesset Overlay), (Map 112 Parcel 83), Mashpee, MA.
Mr. Doug Mullen, General Contractor represented the applicant. He will be extending the garage that is falling apart and would like to add a second story, 2.5 ft. on the North elevation. It’s a pre-existing non-conforming structure.
Chairman Furbush read the comments from the Board of Health into the record; “Allowed as long as space remains unheated.”
Chairman Furbush 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”. The applicant is seeking a Variance under Article V §174-31 to construct an addition to an existing free standing garage; which would be too close to the side yard setback.”
Chairman Furbush read an email from the abutter at 22 Bluff Avenue dated March 8, 2016, who had specific concerns.
Mr. Chris Foley, the abutter who resides at 22 Bluff Avenue was present and had concerns regarding a privacy issue because the garage is 30 feet from his deck in the back.
The Board mentioned they can make a condition that the applicant install plantings behind the garage to provide privacy and will be inspected by the Building Department prior to the final inspection.
Mr. Bonvie stated the condition would be that 6 ft. arborvitaes 6 ft. on center be installed, beginning from where the tree line stops on the bearing line of north 40 feet 48, 10 degrees east for the distance to the corner of the intersection of the lot line which is 45 degrees west. The representative of the applicant when asked said he was agreeable to those conditions.
The Board had concerns regarding the newly constructed space in the garage becoming a bedroom during the summer months. Mr. Goldstein stated that most of the neighborhood has garages with living space above. They generally have an open stairway with no doors.
Mr. Bonvie made a motion to issue a 4 ft. side yard variance to the applicant.
- Referencing the plot plan prepared by Cape & Island Engineering for Jane H. Egasti, Trustee, Jane H. Egasti Trust Agreement, 715 13th Avenue NE, St. Petersburg, FL 33701. Project: Sewage Disposal System Design, 23 Cordwood Road, Mashpee, MA, Sheet No.: 1 of 1, Dated: 1/12/16, DWG File: Cordwood 23, Scale: As noted, Approved by: MC, Check by: MC, Drawn by: WD. Drawing Title: Septic Design Plan. Revision 1, Dated 2/2/16. Also, a set of building plans pages 1 through 7, Elevations of the Proposed Garage.
- Comments submitted by Board of Health: “Allowed as long as space remains unheated.”
- Conditioned: no bedrooms allowed.
- Prior to the issuance of an occupancy permit, there will be plantings installed; 6 ft. arborvitaes 6 ft. on center, starting from the end of the existing tree line on the bearing line north 40 feet, 48 degrees, 10 seconds east for a distance to the corner of the intersection of the bearing lot line 45 degrees west.
- Archaeology Sensitivity bylaw.
Mr. Goldstein, seconded, Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Gould, yes, and Mr. Bonvie, yes. All were in favor of extending the pre-existing, non-conforming garage.
OTHER BUSINESS
Approve February 10, 2016 Meeting Minutes
It was noted that only the following Board members could vote on the February 10, 2016 meeting minutes. Mr. Blaisdell made a motion to approve, Mr. Gould, seconded, Mr. Furbush, yes, and Mr. Pittsley, yes. All were in favor of the February 10, 2016 meeting minutes.
Mr. Goldstein made a motion to adjourn, Mr. Blaisdell, seconded, Mr. Furbush, yes, Mr. Bonvie, yes, and Mr. Pittsley, yes, Mr. Gould, yes, Mr. Goldstein, yes. All were in favor to adjourn. The meeting adjourned at 7:02 p.m.
Respectfully submitted,
Mary Ann Romero
Administrative Secretary
Zoning Board of Appeals
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