8/23/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 23, 2017 Attorney Kevin Kirrane represented the homeowners for their raze and replace project. Also present was Tom Bunker with BSS Design, and Rob Bramhal, Architect. Mr. Kirrane provided the Board with site and architectural plans. Mr. Kirrane said that the revised site plan was issued after having a conversation with Board of Health depicting a 5 bedroom home instead of the original plan depicting a 6 bedroom home. The denitrification system that was shown on the septic plans is now a typical Title V system. Attorney Kirrane said that the lot is 61,000 square feet and has 180 ft, of frontage along Shore Drive. Given this criteria the lot itself conforms to the current zoning requirements in that section of Town. The property has been improved with a single-family four bedroom dwelling, and the elevations on the plan show that it slopes from front to back, and is bounded in the rear by Popponesset Creek. In addition to the dwelling that is on the lot, there is a 3 -car garage and an accessory dock complex. The existing dwelling conforms in all respects to current setback requirements as it relates to side yard, front yard and rear yard. It does not conform to the 50 ft. setback from wetlands resource areas. The lot sits 34 ft. from the boarder of vegetative wetlands {BVW} line, and that is the non- conforming condition on site. The side yards have 45 ft, on both sides, and are well over 150 ft. from the front to the existing dwelling. The garage conforms to current zoning so there is no request for relief, and also well below the 20% lot coverage criteria because of the substantial size of the lot. The non -conformity of the existing structure under §174-33 of the bylaws require a 50 ft. setback from the wetland resource areas, and §174-17 allows alterations or changes to pre-existing non- conforming structures provided that the Board makes a determination that what is being proposed is not substantially more detrimental to the neighborhood than what currently exists. Also that there is adequate parking onsite, and that the setbacks that the Board may require are provided. The revised plan now shows a 5 bedroom home as opposed to a 6 bedroom home, and the setback from the BVW changed from 34 ft. to 38 ft., so the only non -conforming condition on the site is now being improved. The project was approved by the Conservation Commission with some mitigation planting. He respectfully asked the Board for approval. The Board requested that Tom Bunker sign and date the revised Layout and Mitigation site plan.. The garage is unheated. Board Member Scott Goldstein wanted to confirm the size of the widow's walk. Mr. Bramhal confirmed that the size is 8 x 14 which is 112 sq. ft. and the height of the proposed structure is 35 ft. The Board told the applicant that the bylaw only allows 100 sq. ft. for the widow's walk, so the plan should be revised. Board Member Bill Blaisdell read the Board of Health comments into the record. Chairman Furbush read the Conservation and Inspection Department comments. Mr. Kirrane explained to the Board that he is not seeking variance relief from § 174-33 because there is already a non -conforming 34 ft. setback from the wetland area, and under § 174-17 to alter a change to non -conforming structures, provided that the Board makes the appropriate finding, and in this case the building is becoming less non -conforming because it will be 38 ft. from the wetlands, and as such he does not believe that as suggested by the Building Commissioner he would require any additional relief under that particular section. 0J