02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

Home Browse Search

9. The Lot contains 14,340 square feet of area as measured from the mean low tide water line, but only 9,456 square feet of the Property qualifies as "lot area"for zoning purposes as determined by the Mashpee Zoning Bylaw as measured from the top of the coastal bank. 10.. The pre-existing cottage does not have a finished basement. 11.. Defendant Naddaffs seek to raze the existing cottage and replace it with a substantially larger dwelling with at least 3,700 square feet of living area(that does not include the 1525 square feet of area within the basement). 12. The Property includes a coastal bank,which is a coastal wetland resource area,'to the southeast. The existing cottage is set back 35.6.feet from the top of the coastal bank and the proposed dwelling is proposed to be located 36.0 feet from the top of the coastal bank. 13. The Property is located in an R-3 Residential District and is within the Popponesset.Overlay District. 14. The Property abuts Seaview Avenue, a public way,to the west and Overlook Knoll Road, a private road,to the east.. 15. The Mashpee Zoning Bylaws, §174-31', footnote 18, contains minimum dimensional requirements.within the Popponesset Overlay District as follows:minimum building setbacks of 25 feet front, 15 feet rear and 15 feet side;and a maximum of lot coverage twenty five(25%)percent. However, footnote 18 is not contained in §174-31 Land Space Requirement Table Minimum Lot Size(square feet) or Maximum Lot Coverage a copy of which is attached as Exhibit C.1 16. Under the Land Space Requirements Set forth in the Table of the Mashpee Zoning Bylaw §174-31,the dimensional requirement for-Front Yards applicable to the Lot is through . i §174-31 footnote 18 that pertains to the minimum requirements of the Popponesset Overly District is not transposed onto the Land Space Requirements Table for Minimum Lot Size or Maximum Lot Coverage. 4 I