2/14/2018 ZONING BOARD OF APPEALS ZBA Decision

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'MASHPEE ZONING BOARD OF APPEALS DECISION FOR A.VARIANCE 39 Wilsons Grove LLC 39 Wilsons Grove(Map 118 Parcel 85) Mashpee, MA 02649 -V-2018-06 Attorney Kirrane said that the plan depicts that the proposed new construction will be virtually on the same footprint: The newly proposed home will be a two-story dwelling, and will remain a two bedroom dwelling. The new dwelling will remain a setback 17.6 ft. from the street, excluding the access and egress landing and deck area which provides access to and horn the building. The side yard setback will be improving to the nearest abutter which is currently just over a foot, and increasing.that setback to 3 ft. and is still below the 15 ft. requirement, but is improved with the one foot plus,that currently exists. In addition to that, the lot coverage will be reduced from 23.98%to 23.95%. The dwelling will be moving a little closer to the wetlands area, and instead of 20 ft. as previously proposed it will be 15 ft. because of the access stairwell that is on that side of the building. Attorney Kirrane provided the Board with an outline of written remarks that relate to Section 17, but he pointed out that the application for Variance relief is something that the Board can grant. The structure is in a velocity zone as shown on the current FEMA maps, and the value of the structure will be increasing by 50% or more, and would require the structure to be set on pilings. This structure was built in 1942 and is in rough condition, and has a value just over $68,000. He mentioned to the Board that any type of renovation would make sense and would increase the value of this structure by more than 50%. As such, the Federal Government and the rules and regulations that have been adopted by FEMA to build this building on pilings. Notwithstanding the fact that this building will be built on pilings,it is still within the 30 ft. height requirement that is allowed within the Popponesset Overlay District. So it was treated architecturally to maintain the 30 ft. height without having to apply for variance relief from the height requirement. In this particular area, the new dwelling will have approximately 1,807 sq, ft. of living space. He mentioned there are similar homes in the neighborhood that have about the same square feet of living space that have been constructed on Wilsons Grove. Also, because the building is located in a velocity zone this creates a significant hardship, and the only way to create any improvement to the structure is by tearing it down and rebuilding it on pilings.The Conservation Commission has approved the project.A new Title 5 system will be installed, and is a significant improvement over the existing conditions. The building will be constructed on pilings, and new construction requires the building to be constructed in accordance with FEMA building code requirements,so this building will be. constructed to withstand hurricanes. Also, the cupola will be built within the 30 ft. height requirement and is not habitable space. 2