1/25/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Steven Bozkurtian and Susan Bozkurtian Owner of record: 43 Waterline, LLC 43 Waterline Drive South, (Map 120 Parcel 148) Mashpee, MA 02649 FINDING-2017-10 The lot is 15,000 square foot lot and has 112 feet of frontage along Waterline. Currently the dwelling is a three(3)bedroom residential structure,and will increase to four (4) bedrooms. The project is located in the Little Neck Bay cluster sub-division which means that the generally accepted rules that relate to the R-3 zoning district do not apply. Typically in an R-3 zoning district requires 20%maximum lot coverage,but in this cluster zone allows a 30% lot area. The square footage is reduced from 40,000 square feet to 15,000 square feet. The frontage can be reduced from 150 ft.to 75 ft.The front yard setback is reduced from 40 ft. to 30 ft., and the rear yard setback is increased from 15 ft. to 20 ft. The side setbacks remain the same at 15 ft. The plan shows that the dwelling is getting closer to the front lot line, and decreasing the setback in the front yard from 40.5 ft. to 31 ft., but still within the 30 ft. setback requirement.The lot coverage is increasing from 25.1%to 29.2%but stili conforms to the 30% maximum. There is a non-conformity in this building which is located at the very rear southwest corner of the structure which is 9.1 ft. There is a stairway that will be removed from this corner and replaced with a deck, but will increase to 10.2 ft. reducing the existing non-conformity. Mr. Tom Bunker with BSS Design noticed that the plot plan does not show drywells, and was not a condition issued by Conservation. The drywells would not fit in the front because of the septic system. This might have been an oversight on both BSS and Conservation. A new septic tank will be installed further from the house and connecting to the existing leaching area. Attorney Kirrane said that one of the photos depicts a jog on the southerly side of the building behind the existing garage which will provide additional living space on the first floor to accommodate a laundry and mudroom.There will also be a sunroom and decks added. The distance from the wetlands will remain the same and was approved by the Conservation Commission. The Board of Health will require a septic inspection before the building permit is issued. The proposal is not creating a condition that is substantially more detrimental to this neighborhood,and there is adequate parking and setbacks as required as indicated under Section 174-17 of the bylaws. There were no abutters present. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, January 25, 2017, the Zoning Board of Appeals voted unanimously to issue a Written Finding for the garage addition, and alteration project based on the following conditions; 2