11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 13,2019 The existing structure was built in the 1950's. What is proposed will conform to present day code, and is a significant upgrade in the structure itself. There is an improvement in the distance from the dwelling to the coastal bank on the seaward side of the property, and improving the non-conforming condition from Jeep Place. He said they are eliminating the non-conforming condition from the side yard property line on Lot 7A, and part of the proposal includes the installation of a new upgraded Title 5 Septic System. The Board must find that what is being proposed is not substantially more detrimental than what currently exists. The detached garage does not have the same type of protections of the existing non- conforming building because it's not a single-family residential structure. It's an accessory structure that is located on the northeasterly side of the lot. This garage building will be less than 15 ft.from the coastal bank that wraps around the existing house. The dimensions from the garage to the coastal bank in that area are less than the 50 ft. requirement, and because it is not part of the redevelopment of the existing single-family dwelling it would require Variance relief as opposed to being included with the Special Permit relief. It conforms to the side and the rear yard setback requirement, and conforms to the 50.ft. setback to the coastal dune. But because of the unusual configuration of that coastal bank, it does not conform to the 50 ft. setback requirement. This project was approved by the Conservation Commission and was issued an order of conditions. There is a hardship relating to the specific conditions effecting this lot. The configuration of the coastal bank, and,the addition of the seawall that is protecting this particular area. The combination of the topographical soil as it relates to the coastal dune, and the order of the conditions that requires substantial amounts of mitigation planting by the Conservation Commission that the location of the dwelling is dictated by all those factors. Those factors would fall within the criteria under the Variance as it relates to the soil,topography and alike conditions. Chairman Furbush asked if the proposed garage area will be raised. Tom Bunker said that the proposed garage will be built on'a partial foundation 5 ft. high. The driveway will go around the lot line and slope down slightly toward the back of the lot. The garage is at elevation 14.5. The bottom of this bank is at elevation 9. The rear back yard is at elevation 15. The Board reviewed the velocity zone area on the plan, and wanted to know what the area above the garage will be used for. The plans depicts that it will be mostly storage space. Chairman Furbush asked if the wooden fence will remain, and if there will be dry wells installed. Tom Bunker said; yes. He also mentioned that the driveway is impervious also. None of the structures are in the velocity zone. Chairman Furbush mentioned that he relies on the Conservation Department to supply their comments for any application that involves structures close to the wetlands. 4