02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 27,2019 Attorney Kirrane wanted to comment that he believes that the carport is at a fixed location on the ground, and is attached to the structure, and qualifies as a structure as much as a deck,or any other similar type structure that people do not necessarily live in.He therefore suggests that 15 ft. is an appropriate measure from Seaview Avenue because it's a non- conforming condition that already exists, and there's no need for variance relief. He also said that Mr. Joyce indicated that the lot coverage based upon his interpretation of the definition of lot area, and how the lot coverage should be calculated was at 22%. In the Popponesset Overlay District, the lot coverage parameter is 25%. So even if you took the calculation and eliminated the distance to the toe to the bank, at 22% lot coverage would comply at 25%. There is no creation of any new non-conformities, and any non- conformities that exist would be lessened or eliminated. Mr. Bonvie read the new bylaw that was approved at Town Meeting Section 174-17.1. History: Added 10-15-2018 ATM. Article 16. Mr. Furbush asked the Board if there were any questions or comments. There were none. Mr. Bonvie made a motion that the Board issue a Special Permit to Linda and Frederick J. Naddaff of 29 Overlook Knoll Road under §174-17.1 of the Zoning Bylaws to raze and replace a non-conforming single family structure on property located in an R-3 Zoning District, and the Popponesset Overlay District,Map 118 Parcel 33, Mashpee,MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Plot Plan: Title: Plan of Land to Accompany a Zoning Board of Appeals Application, #29 Overlook Knoll Road, Mashpee, MA. Existing Conditions, Prepared for: Fred & Linda Naddaff, Prepared by: BSC Group, Scale: 1" = 20, Date: 01-23-2019, Dwg No.: 6374-02, Job No.: 5-0019.01 Sheet 1 of 5, Proposed Conditions: New Dwelling, Sheet 2 of 5, Sheet 3 of 5: Dimensional Setbacks and Floor Elevations, Sheet 4 of 5: Proposed Conditions Southerly Side, Sheet 5 of 5: Proposed Conditions Northerly Side. 3. Floor Plans: Prepared by: Denise D'Ambrosi Bonoli,Naddaff House,29 Overlook Knoll Road,Mashpee,MA. Al: First Floor Plan, Scale: 1/4"= 1',A2: Second Floor Plan, A3: Attic Floor Plan, A4: Basement Plan, A5: Water Side Elevation, A6: Overlook Knoll Elevation, A7: Driveway Side Elevation, A8: Seaview Ave Elevation. 4. Conditioned upon the pending approval regarding the appeal with DEP. (Conservation will require two stamped copies of the plan). 10