05/08/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING John J. Brennan and Catharine J. Brennan 38 Fiddler Crab Lane (Map 105 Parcel 102) Mashpee, MA 02649 FINDING-2019-26 The non-conformities are in two areas. One area is very small that projects beyond the 15 ft. side yard of the southwest corner about 2.5 to 3 ft. This is not being expanded, but will be constructed above that area. The 50 ft. buffer runs through the home, and the rear deck extends toward the western section of the house and continues into the front yard. The applicants are seeking relief on those two areas. The first request is a finding that the proposed alterations will not be substantially more detrimental to the neighborhood. The project will enhance the look of the home, and the Board can find in their favor. In regard to the Variance he believes that there's a hard-ship due to the shape, topography, and soil conditions of the lot that can be remedied without derogating the public good, and the overall purpose of the bylaws. The Conservation Commission approved the project and the Order of Conditions has been recorded. Chairman Furbush reviewed the work limit area depicted as the color blue on the site plan. The Board had a discussion about the work limit area as 15.1 ft. to the side yard. The lot line was depicted in green color. The Attorney requested a 15 ft. variance. The Board confirmed that the home is pre-existing with five bedrooms. Sharon read the Conservation, and Board of Health comments into the record. The Board of Health submitted these comments; The floor plans have been reviewed and the only comment is that the basement family room has an existing door which gives the room privacy and has proper egress out the windows that lead to grade. Therefore, a six-foot opening is required for that room. Denise Bonoli spoke with Glen Harrington,Health Agent on January 25,2019,and at that time he said the room was okay as it was. She said they had another conversation on May 2, 2019. He said that to walk through that room to get to other unfinished spaces, he would not consider that an isolated room. Then on May 2nd Glen said to remove the door and open the spare wall with a half-wall to create a 6 ft. opening. The fifth bedroom changed to an exercise room, and will be opened 6 ft. Glen thought the new sitting room was being created as isolatable. The Board requested a revised floor plan depicting that 6 ft. opening. Jonathan read the DPW comments into the record. There were no comments from the Board or audience. 2