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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> AUGUST 22,2018 <br /> Attorney, Kevin Kirrane represented the Torney's requesting to raze an existing building <br /> and replace it with a new code compliant building. The homeowners were also present. <br /> The lot in question has 10,000 sq. ft. and 100 ft, of frontage on Treasure Lane. The two <br /> bedroom existing structure has approximately 768 sq. ft. The property is developed with <br /> two bedrooms, and was built in the early 1960's with a shed on site, and an attached deck. <br /> The applicants are proposing to remove and replace this particular structure with a new <br /> dwelling which is approximately 500 sq, ft. larger than the current dwelling. There will be <br /> some finished space in the basement and will be converting the two bedroom dwelling to <br /> a four bedroom dwelling. <br /> Mr. Kirrane said this proposal request is similar to Amy Brown Road, and Hamblin Road <br /> consisting of a new construction of a building that conforms in all respects to current <br /> Zoning, It meets all the appropriate setbacks and both side and rear yard. The front yard is <br /> the average noted on the plan, with a letter attached from Down Cape Engineering to <br /> demonstrate how they calculated the front yard setback based upon the average of two <br /> adjacent buildings. The requested relief relates to the lot size and the frontage. He said <br /> based on a conversation with the Building Commissioner regarding a bylaw change that <br /> would place the authority within his prevue to grant a permit simply dealing with the lot <br /> size deficiency or frontage deficiency, and the structure actually conforms to all <br /> requirements of the zoning bylaw. This project is well within the required 20% lot <br /> coverage. <br /> The reason discussing replacement of this building is because it was built in the 1960's and <br /> sits on concrete blocks. There would be a significant additional expense to lift the building <br /> and construct a new foundation. Mr. Kirrane said that he considers this a significant <br /> hardship. There's a new septic system proposed in conjunction with this application <br /> replacing a cesspool that exists on site. The new foundation will be built and will comply <br /> with present day building code requirements. He said some people interpret that if you <br /> remove an existing structure you lose all protections, and that this is no longer a buildable <br /> lot, so trying to protect the applicant in this particular case to get the appropriate variance <br /> relief from the lot size and frontage. <br /> Mr. Steve Cook, Cotuit Bay Design addressed the Board and explained that the original <br /> plans were to remodel and switched to build a new house. <br /> Mr. Furbush addressed the applicants and said he needs one of three reasons to grant <br /> variance relief,which are shape,topography and soil conditions. The reason a variance was <br /> given to Hamblin Road was because of setbacks from the wetlands, and the reason a <br /> variance was given to Amy Brown Road was the setbacks from wetlands and topography. <br /> Mr. Kirrane said that the Board acted favorably on the Hamblin Road and Amy Brown <br /> Road which was similar. He argued that the size of the lot and the reduced frontage creates <br /> a "shape" condition that would give the Board reason to act favorably. <br /> Mr. Mendoza mentioned the ZBA case on 46 Main St. that the Board acted favorably. <br /> 10 <br />