02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Frederick J. Naddaff, Jr. and Linda Naddaff 29 Overlook Knoll Road (Map 118 Parcel 33) Mashpee, MA 02649 SP-2019-13 The current structure is non-conforming because it sits only 13.1 ft. from its shared property line with lot 10, and is non-conforming as it is within 15.1 ft. of the Seaview front yard line, and is non-conforming because it is 35.6 ft. from the wetland resource area. The plans that were submitted for the new structure will bring the side yard between lot 10 and lot 9 into conformance with current zoning requirements. Instead of 13.1 ft. off the side line,it will become 15.2 off the side line thereby eliminating that non-conformity. The non- conformity relative to Seaview Avenue is being lessened slightly from 15.1 ft. to 15.5 ft., and the non-conformity from the wetland resource area is also being lessened slightly from 35.6 ft. to 36 ft. The setback from Overlook Knoll Road is a conforming setback under the current requirements that is required to be 25 ft. from the street, and the proposed setback on Overlook Knoll is now showing to be 28.8 ft. that will conform to the current zoning bylaw. In addition to building a structure that will now conform to present day building and flood zone requirements, there's also a proposal to upgrade the septic system that currently exists on the site. This was submitted to the Board of Health and was originally signed off on that upgrade. The abutter on Lot 10 appealed the decision of the Board of Health, and as a result there were issues raised by the abutter which caused the Board of Health to conduct a test under a certain "moon tide". That was sufficient for the Board of Health purposes. This project was approved by the Conservation Commission. This project was also appealed relative to the wetlands issues, but was withdrawn by the applicant. DEP has retained and kept that file open to address a new plan which was given to DEP, and will be filed in connection with this raze and replace project The DEP chose not to close that file. The structure is increasing in terms of the square footage to 3,700 sq. ft., and will be a two-story structure as opposed to a single-story structure. Mr. Kirrane said that the criteria set forth under the new bylaw §174-17.1, that establishes the criteria of a grant of a special permit. He suggested to the Board that coupled with the upgrade in construction, the upgrade of the septic system,the elimination of the non-conformities,and the lessening of the other two non-conformities as they exist on the lot, and the fact that it was originally approved by Concom, and that the septic has been approved by the Board of Health, this project is not creating a condition that is substantially more detrimental to the neighborhood than the existing structures. Mr. Kirrane also suggested to the Board that instead of the outside car port that was part of the original plan, and the original design of the existing building,the carport is now being replaced with a garage that will become part of the structure, and will allow to comply with the 15 ft. side yard setback criteria. It will enable some parking to be off the street and into the protected garage area. Mr. Kirrane suggested to the Board that under the same criteria of the bylaw, there is adequate land area to provide parking, and also under the existing bylaw, there are no new non-conformities being created. 2