7/12/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 12, 2017 NEW HEARINGS 62 Waterway: Petitioner, Seaward Investments LLC requests a Written Finding under § 174-17 & § 174-20 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 Zoning District, (Map 105 Parcel 211), Maslhpee, MA. Attorney Kevin Kirrane represented the application for a Written Finding. He said that the Board should be familiar with this application as there have been a number of buildings that have been before the Board with an application to raze and replace somewhat dated structures that exist along the various waterways and coves within the New Seabury development. This is one such building that is adjacent to Spinnaker Cove. He provided the Board with some photographs of the existing structure and also provided the Board with structures that are currently under construction or have been built in accordance with permits that the Board has recently granted. He gave the Board a brief outline of the. property that consists of 11,600 square feet and has about 105 feet of frontage along Waterway. The lot slopes from Waterway to Spinnaker Cove about 13 feet which will accommodate the walk -out that is on the architectural plans provided by Archi-Tech Associates. The single-family residence currently occupies about 2,107 sq. ft. which represents about 18.16% of the lot area and is a three bedroom residence. The Board is well aware of the property situated in the R-3 Zoning District which requires a minimum lot size of 40,000 sq. ft., 150 ft. of frontage, which means the lot is a non -conforming lot. In addition, the Board is also well aware that the current zoning requires the setbacks from the public or private way to be 15 ft. from either side lines and 50 ft. from the abutting wetland resource area. The applicant has applied for a specific finding pursuant to the appropriate provisions of Section 174-17 of the bylaw to allow for the removal of the exiting three bedroom residence and the replacement of that three bedroom residence with another three bedroom residence. The structure as it currently sits is non -conforming and does not meet the current 50 ft., setback from the wetland. It does not meet the front yard setback of 40 ft. and also has a 13.1 ft. setback from its southerly boundary. The proposal is for a slight reduction in the front yard setback from the current 25.4 ft. to 22.1 ft. and an increase in the setback from the wetlands from 36 ft. to 39 ft. and the elimination of the non -conforming side yard setbacks creating a side yard setback of 17 ft. from the existing 13.1 ft. In evaluating the specific finding request, the Board must look at whether or not what is being proposed is substantially more detrimental to the neighborhood than what currently exists. The Board must also look to determine whether or not there are adequate setbacks and sufficient area to provide parking within the proposed use. He also pointed out that notwithstanding the fact that there is a reduction of the front yard setback of 25.4 ft. to 22.1 ft. 5