1/27/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING James I. Goodman and Ellen B. Goodman 120 Sunnnersea Road (Map 105 Parcel 52) Mashpee, MA 02649 FINDING-2016-08 Mr. Goldstein asked about the measurements of the cupola on the house. Mr. Healy said the house plan shows that this cupola is 35.5 sq. ft, of uninhabitable space and strictly ornamental. The Board had concerns with the different calculations on the site plan compared to the house plans regarding the copula. The height of the house on the site plan shows 33'- 7-3/4"on the house plan, and a calculation of 34.10 ft. on the plot plan. Mr. Furbush asked that the house plans be revised and he will stamp and sign them as part of the conditions. Mr. Paul Trane, I Beacon St., Boston, an abutter who owns the home at 124 Summersea Road. He has concerns regarding the current setbacks of the hot tub,the design of the second floor deck, lot coverages, and wanted to make sure his fence and landscaping are not damaged during construction. Mr. Healy said the Conservation Commission asked that the hot tub be moved back farther from the coastal bank. The plot plan shows it was moved back 14 feet and can be conditioned as part of the record, Mr. Healy said the porch does not extend the length of the house, and is not wrapping around, and faces the water on the North side.The Board said he should talk with the builder and owners of the property regarding the construction as this is not in their prevue. Mr. Trane wanted to know the lot coverages. The existing lot coverage was 34.9% and proposed is 27.7% and 28.3% with the hot tub. Mr. Furbush read the Inspection Department comments into the record; "The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area----listed as part in both the "High Sensitivity" and "Moderate Sensitivity". The applicant is seeking a Written Finding under Article V §174-17 to tear down and replace an existing home and the Board has to make the determination of this replaced home would increase the non-conforming nature. Mr. Furbush read the comments from the Conservation Commission into the record; "There were no issues". Mr. Furbush read the comments from the Board of Health into the record; "The septic and floor plan have been reviewed and approved." In view of the foregoing, the Board determined the Petitioners met the criteria for a Written Finding under §174-17. Upon motion duly made and seconded at the Public Hearings on Wednesday, January 27, 2016, the Zoning Board of Appeals voted unanimously to issue a Written Finding with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under M.G.L. 40A Section 6. 2