2/22/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Russell J. Spencer 29 Riverside Road (Map 119 Parcel 81-0) Mashpee, MA 02649 FINDING-2017-11 Attorney Kirrane said the primary reason this project is before the Board is to modify or extend the structure known as "Cottage #2", and its position adjacent to the property line. Currently the structure is 2 ft. from the property line, and after a conversation with the abutter, it was suggested the structure be moved 5.5 ft. from the property line. There are two new additions; the East addition is being moved 10.2 ft. from the property line, and the other addition is 8.3 ft. from the property line. This will allow the owners to expand their living space, with two bedrooms and a bath in one of the additions. This will be an improvement to the pre-existing, non-conforming setbacks. There are no additional bedrooms being added, it will remain a 2-bedroom structure, and will be an improvement to the side yard setback. The proposed lot coverage proposed is 12.12% and is under the 20% lot coverage requirement. Chairman Furbush mentioned that this lot is obviously grandfathered and would not meet current day zoning. He mentioned that Mr. Blaisdell and Mr. Mendoza met with Town Counsel to review the proposal. Chairman Furbush read the Board of Health, the Inspection Department, and Conservation comments into the record. Mr. Blaisdell said when he spoke to Town Counsel,about the history of the lot, he did not have any issues with the proposal. Mike Mendoza,Building Commissioner would like a condition added to the motion that all of the dwellings on the lot will have to have their own street address which is required for life safety reasons. The Board had a discussion regarding the dimensions of the project and noted the following on the proposed plot plan; the West bedroom addition to be built on the foundation is 13' 6" x 16' 6", and the East bedroom addition and deck to be built on piers is 15' x 18', and the deck will be 6' 9"x 27' 7.5", reduced down to 4' 671 . GENERAL CRITERIA: The lot consists of 31,300 sq. ft. of upland, 75 ft. of frontage on Riverside Road, and has four structures that are serviced by one septic system. There were no other comments from the audience or from the Board. WRITTEN FINDING CRITERIA: ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. 2