05/22/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Glenn Thompson and Coreen A. Thompson 175 Daniels Island Road (Map 100 Parcel 41) Mashpee, MA 02649 SP-2019-28 The existing structure is a four bedroom, single family residential structure, with a pier float and dock complex as part of the existing conditions. The Thompson's request from the Board is a Special Permit, and to afford them the opportunity to raze and replace the structure with a new code compliant two story, four bedroom single family residential structure, with a small patio, and a pool in the rear of the structure. The new structure is within the boundaries of the existing footprint of the current structure. There is no creation of any new non-conformities, and are improving some of the non-conforming conditions that currently exist. The front setback is currently 26.1 ft., and will be extended to 27.2 ft. The side yard setback is currently 7.8 ft., and is extending to 9.8 ft. The wetland setback is 34 ft.,and will improve to 40.7 ft. The current lot coverage is 23.8% and is being reduced to 23.6%. The Board can determine under the existing bylaw whether or not any new non-conformities are being created. There are no new conformities being created, and that the new structure is a substantial improvement rather than a substantial detriment to the neighborhood as it is proposed.The structure will conform to current day building and flood plain code criteria so that construction will be an improvement to the neighborhood in the event of any significant storm events. He provided the Board with architectural plans prepared by Architect Associates. Jonathan Furbush, Chairman mentioned that he has some concerns raised by the Board of Health that he read into the record. "The new foundation is 2 ft. closer to the septic tank and SAS than the existing one. Therefore, the setbacks to the septic system require Title V variances with abutter notifications. The variance review will require board approval. The septic system has been inspected. The floor plans were reviewed and are acceptable for four bedrooms. " Attorney Kirrane was informed of these comments late in the afternoon the same day, and he consulted with the engineer and building designer. The engineer followed up with Glen Harrington with an email late in the day just before the meeting. Mr. Kirrane said there were two scenarios discussed that would address these particular concerns without the need of variance relief from the Board of Health. There is an ability to put sheathing along the front of the foundation with impervious material, and there is also the possibility of canter levering a portion of the dwelling in that area over the foundation so that the foundation is still beyond the 2 ft. without getting 2 ft. closer. There is also the possibility of creating a crawl space in that area rather than a full basement with the sheathing. These are the solutions that can be addressed during the construction. Glen may have not had the opportunity to respond to that email from Tom Bunker, BSS Design. 2