9/14/2016 ZONING BOARD OF APPEALS ZBA Decision

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Tuvrn Qf Nashp(?e AlusIZIme,AlasNachusetts-.w?649. MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2016-43 Paul S. Hovsepian and Doc. ##: 1295678 Margaret K. Hovsepian Ctf. #: 209700 13 Compass Circle (Map 105 Parcel 257-0-R) Mashpee, MA 02649 A Petition was filed on August 12, 2016 by Paul S. and Margaret K. Hovsepian requesting a Variance from the side-yard setback, and lot size requirements under§17431 and §174-33 of the Zoning Bylaws to raze and replace a single-family home and garage on property located in an R-3 Zoning District, Map 105 Parcel 257-0-R, Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on August 19, 2016 and August 26, 2016 a copy of which is attached hereto and made a part hereof. The Mashpec Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, September 14, 2016 at which time the following members of the Board of Appeals sat in on this hearing; Board Members, William A. Blaisdell, Ron Bonvie, Dom DeBarros, and Associate Members, Brad Pittsley and Norman J. Gould. Attorney, Brian Wall represented the applicants for the raze and replace project. Also present was Tom Bunker, BSS Design, Harold Capone, Architect, and the homeowners. Attorney Wall provided the Board with an existing and proposed plot plan, and documentation on the history of the property that included the previous variances that were issued back in 1987 for the setback to the wetlands, and a 1995 variance for a garage. The applicant is requesting approval from the Board to either modify the two existing variances, or to grant two new variances for the proposed new dwelling and garage. Attorney Wall said his clients would like to raze the existing home and garage, and replace with same size structures in the same footprint. The existing setback is 39 ft. the proposed is 42 ft.,but there is a cantilevered deck. The new structure will be elevated above the flood plain and will comply with flood hazard requirements. The existing elevation is 10.4 ft, and the new elevation will be 12.5 ft. 1