8/9/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 9, 2017 NEW HEARINGS Vice Chairman Bill Blaisdell recused himself from the new hearings. 70 Bluff Avenue: Owner, Yvonne E. Kearney requests a Written Finding under § 174-17 and § 174-20 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in the R-3 and Popponesset Overlay District(s), Map 118 Parcel 50, Mashpee, MA. Attorney Kevin Kirrane represented the applicant for the specific findings relative to the raze and replace project. He provided the Board with his typical presentation and photographs of the subject property, as well as properties in the vicinity of 70 Bluff Avenue. He appended design plans and a site plan to his written narrative which has an overlay relative to the existing structure and the proposed structure on the site. The plan depicts the existing structure being similar to other structures in the neighborhood that were built in the 1950's. The lot is relatively small consisting of 6750 sq, ft. with 75 ft. of frontage on Bluff Avenue. The lot is located in the Popponesset Overlay District and conforms to the 6000 sq. ft. requirements and 60 ft. of frontage. However, the three bedroom dwelling that exists on the site is non -conforming on the easterly sideline being 13.5 ft. from the existing deck and structure. The overall lot coverage on the site is currently at 22.9%. These are both non -conforming conditions which has set the basis for the specific findings as it relates to the alteration and change of a pre-existing non-confornning structure. Mr. Kirrane said that the easterly sideline will become conforming to the new dimension at 20 ft. eliminating the entire non -conformity with the exception of the lot coverage component, which is being reduced from 22.9% to 21.6%. All other setback criteria in the bylaw as well as the height requirement are compliant. The correct dimension is 22.9%, not 22.8% that is depicted on the plan. Mr. Goldstein read the Inspection Department comments into the record. Attorney Kirrane withdrew the request for relief under § 174-20. Mr. Furbush read the Board of Health and Conservation comments into the record. Attorney Kirrane told the Board that a Health Agent did inspect the home and the septic system will be relocated and upgraded as shown on the plan. Attorney KhTane concluded that all three criteria of the bylaw requirements have been met. There were no more comments from the Board or audience. Mr. Bonvie made a motion to accept the withdrawal of § 174-20 application for their portion of the Written Finding. Mr. Gould seconded, yes. All were in favor.