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 Mr. Joyce discussed his Exhibit A, Assessors Field Card depicting the existing car port. He believes that it is not supported by a foundation. He said it is supported by pilings on cement blocks, and is not enclosed on three sides. He believes a Variance is required to expand that carport into the side yard setback on Seaview Ave. He said that he agrees that this application is situated in the Popponesset Overlay District, and R-3 District. He said that the Overlay District superimposes its requirements together with the R-3 requirements. He said that the Zoning Table R-3 maximum lot coverage is 20%. He also mentioned footnote 16 of the bylaw. He said that the applicant calculated the setback to the toe of the bank. He strongly disagrees and believes it is the top of the coastal bank. He believes another Variance is required because the dwelling is in excess of 22.3%. Mr. Joyce concluded that the proposal is nearly 5,000 sq. ft. in size. The current habitable space is 996 sq. ft. which makes the application five times the size of the current single-family ranch. Denise Bonoli, the Architect for the project said that as the Architect she has to design a building, or dwelling to conform to the setbacks, lot coverage, and height according to the bylaws land space chart. If she were to design a garage, a carport, or a covered porch, or an uncovered deck, all of those need to conform to the requirements. In the land use chart it says that building setback, building height, building lot coverage; the definition is building equals structure. She said that Mr. Joyce said he acknowledges that this is a structure. This is how she is required to design the house. 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. GENERAL CRITERIA: The subject property located at 29 Overlook Knoll is approximately 11,259 square feet. 4