9/13/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 13, 2017 3. Conditioned on all Town department comments read into the record. 4. Based on the same proposed plot plan for the Written Finding. Mr. Gould seconded,yes,Mr. Goldstein yes,Mr. Blaisdell,yes, and Mr. DeBarros yes. All were in favor of the Variance relief for the kitchen and living room additions. 29 Overlook Knoll Road: Owners, Frederick J. and Linda Naddaff request a Written Finding under §174-17 of the Zoning Bylaws to raze and replace a single-family dwelling and deck on property located in an R-3 Zoning District and the Popponesset Overlay District, (Map 118 Parcel 33), Mashpee, MA. 29 Overlook Knoll Road: Owners, Frederick J. and Linda Naddaff request a Variance under §174-31 of the Zoning Bylaws for relief from the rear and side setbacks, and §174- 33 setback from wetlands, to raze and replace a single-family dwelling and deck on property located in an R-3 Zoning District and the Popponesset Overlay District,(Map 118 Parcel 33), Mashpee, MA. Sitting in on this hearing are the four regular Board members and Associate Brad Pittsley. Mr. Kieran Healy,Land Surveyor with BSC Group. Also present was the homeowners and Denise Bonoli, Architect. Mr. Healy said the application is for a Written Finding and Variance relief for the raze and,replace project. He said.that the application was approved_ by the Conservation Commission, and he submitted plans to the Board of Health for their review as well. Mr. Healy said that the relief is broken down into several points. The Written Finding area of the lot is the existing deck which is 35. 6 ft. away from the top of the coastal bank and will increase further away at 36 ft. It's a small amount and is less non-conforming than what currently exists. The setback from Overlook Knoll Rd is remaining the same. The side setback next to Lot 10 is a 15 ft. setback requirement, the existing setback is 13.1 ft., and the proposed is 13.2', and the requested relief is a 1.8 ft. setback. The other relief is on the Seaview Ave side;the current setback is 15.1 ft. and the proposed is 15.5 ft. The street setback is 25 ft. and the requested relief is 9.5 ft. Mr. Bonvie asked Mr. Healy if he said that all existing setbacks have been kept the same or increased. Mr. Healy said; "yes, all are the same or improved." Mr. Bonvie did not know why the applicant was applying for a Variance when the Board reviewed this particular application as pre-existing non-conforming to be a Written Finding. Mike Mendoza, the Zoning Enforcement Officer said that a Variance is required because the moment you tear down, you need to meet zoning when are going to rebuild. 3