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 and new dock complex. Mr. Kirrane included photographs of the property, and included adjacent buildings in the neighborhood. This property is situated in the New Seabury development on a lot that consists of 11,000 sq. ft. and only 38.18 ft. of frontage on a cul-de-sac at the end of Summersea Road. The existing home was built in the 1960's, with 3 bedrooms and serviced by a septic system. The existing structure is non -conforming given its setback from abutting wetland resource areas, and all other respects, the existing dwelling conforms to the requirements of zoning. There's a 14.6 ft. dimension from the corner of the existing deck that's attached to the building which brings it within the 50 ft. requirement of § 174-33 of the bylaw. The 31 feet is the average setback of the buildings on either side. So the proposed front yard setback of the new structure will conform as does the existing structure. The new 3 bedroom dwelling will comply with the setback criteria as shown on the plan in purple. The new dwelling will be setback 16.5 ft. and 16.3 ft. from each sideline, and 31.9 ft, from the street. The proposal also includes a small pool and a dock complex with the dwelling. The new structure, and pool will be no closer than the existing 14.6 setback from the BVW. The pool is set at 18.7, and the dwelling is setback 30.2 ft. from the BVW which is an improvement over the existing 14.6 ft. setback from the wetland resource area which is referred to the BVW on the plan. The requirements under § 174-17 to alter a change of a pre-existing non -conforming structure the Board will need to find that the new structure will not be substantially more detrimental to the neighborhood than what currently exists, that there is sufficient parking and setbacks that may be required by the Board. In addition to the request for specific findings, there is also a Special Permit request for —dock complex under § 174-25 (I) (9) as depicted on the plan. The dock complex being 207 ft, is situated from the mean high water to the end of the float which requires approval by the Board. Mr. Bonvie wanted to confirm the average front setback measurement being 31 ft. with the abutting properties because the measurements were not noted on the plan. He also asked if all non- confornnities either are remaining the same or improving. Mr. Kirrane said that the only non -conformity is the distance to the wetlands which is getting better from 14.6 ft. to 18.7 ft. Mr. Furbush read the Conservation, Inspection, the Harbormaster, and the Board of Health comments into the record. Mr. Bonvie made a motion to issue a Written Finding for the raze and replace project based on the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section. 6. 4