9/14/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Paul S. Hovsepian and Margaret K. Hovsepian 13 Compass Circle (Map 105 Parcel 257-0-R) Mashpee, MA 02649 V-2016-43 Attorney Wall supplied a picture of the existing garage. In addition to building the new house,the homeowners would like to rebuild a new garage in the center of the lot,but will be closer to the lot line than permitted. The new garage will not be 15 ft. from the side yard setback, but will only be 8.4 ft. Attorney Wall explained that the Board has an inherent authority to modify the existing variance subject to limitations as he stated in his proposal letter. "As long as the modification does not constitute a reversal of a conscience decision." Mr.David Stone,the abutter at 17 Compass approached the Board said that the land swap was done 15 years ago for a garage that his parents built. He has no problem with the project, but wants to know what the second floor of the garage will be used for either storage or living space. Mr. Hovsepian, the homeowner, stated he currently plans to keep the garage unfinished, but would like to keep his future options open because it will affect the value of his home. Mr. Hovsepian had a discussion with his neighbor and both agreed if there were only two double-hung windows in the back of the garage that would be sufficient. The Board had a discussion regarding the location of the garage on the plan and would prefer a new plan be submitted,and also there were no elevations on the house plans. The Board also agreed that the advertisement in the newspaper was sufficient. The Board continued the hearing until the next scheduled hearing date. At the Public Hearings dated Wednesday, September 28, 2016, Attorney, Brian Wall returned to present a revised building plan for the new dwelling and garage. He also provided a Form"A"plan of the properties that were approved by the Planning Board. He said two weeks ago,that the house and garage have a benefit of variances,and he presented to the Board either to modify the past variances, or apply for new variances. The Board through the last hearing indicated that they was more inclined to grant new variances, and was ready to grant that relief when it was opened up to the public and his client had spoken to the neighbor. The owner of the property indicated that they did not oppose to the project, and when it was opened to the public hearing, Mr. Stone expressed some concern that if the second floor of the garage were to be made for storage, he did not want to see a"bank of windows" or a sliding door to a deck because it might infringe on his privacy. Attorney Wall provided a revised plan that depicted the elevation to the back of the garage with two double hung windows, and it was also signed by the neighbor,Mr. Stone. 2