1/11/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 11, 2017 118 Waterway: Owners, Thomas J. and Kristin E. Murray request a Variance from the side yard setback under § 174-31 of the Zoning Bylaws to raze and replace a single-family dwelling, garage, and pool on property located in an R-3 Zoning District, Map 105 Parcel 220, Mashpee, MA, Attorney, Kevin Kirrane represented the applicants for the raze and replace project. A representative from Archi-Tech Associates was also present. The lot consists of approximately 17,500 square feet, has 150 feet of frontage along Waterway, and also backs up against Popponesset Creek. Currently there is a single-family residence and an attached garage on the property that was constructed back in the late 1960's. The garage structure on the plan is a non -conforming structure and has 15 ft. from the proximity to the front yard street line, and less than 3 ft. from the northerly property line. There is 2.3 ft. on the northerly side yard line, and 15.3 ft. from the front yard setback. In addition, the dwelling does not conform, and is only setback 24.2 ft. from the front yard setback. There is a non- conforming side yard setback of 14.2 ft., and non -conforming lot coverage of 21.45%. The proposal is to replace the two separate structures and combine them into one single- family structure, with an attached garage and pool. The lot coverage is also being slightly reduced from 21.45% to 21.21%. There will also be a new state-of-the-art Title V septic system. installed. The lot has substantial vegetation and mature trees along both property lines, and the 2+ ft. variance relief requested for the northerly side will not have any adverse impact on the abutting property owner. Attorney Kirrane said he applied for that Variance on the northerly side of the property notwithstanding the fact that there was a non -conformity side yard setback on the other side of the property. He didn't know what the Boards approach would be relative to considering the entire building as a side yard setback relief, or by creating a 12.1 ft. non- conformity on the northerly side as opposed to the southerly side which creates a brand new non -conformity, so as such applied for that variance relief which is 2.9 ft. on the northerly side of the property, and eliminating the non -conformity on the other side of the property. Attorney Kirrane pointed out to the Board that the homeowners prefer to keep the vegetation and mature trees to create privacy from the abutting properties. He concluded that the proposed new dwelling project will have sufficient parking, and will have the adequate setbacks consistent with the neighborhood. Mr. Furbush read the Board of Health, Conservation, and Inspection Department comments into the record. II