7/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 22,2020 Chairman Furbush announced that Scott Goldstein was stepping down from this hearing. Associate Members Sharon, and George will be voting. 25 Naushon Road: Owners, Philip A. George and Denise M. George, Trustees request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction and renovation above the foundation of a pre-existing, non-conforming structure on property located in an R-3 Zoning District, and Popponesset Overlay District, Map 123 Parcel 80, Mashpee, MA. Attorney Kevin Kirrane represented the application of a Written Finding for the removal of the structure above the foundation. The foundation will remain and as such he believes that the raze and replace bylaw was not appropriate for this application. The deck will be removed, and replaced in part with a small pool, spa,and patio. The parcel is 10,000 sq. ft. has 100 ft. of frontage, along Naushon Road, and adjacent to Deans Pond area. Currently the site is developed with a split-level dwelling, 3 bedroom,and has substantial wood deck. The structure is non-conforming because it fails to meet the 25 ft. setback in the district, and it is currently 14.6 ft.from the front setback. It also fails to meet the 50 ft. setback from the wetlands, and is currently 49 ft. The renovation is above the foundation, and will be a new two story structure, with an 8' x 55'pool, small spa, and patio. He provided the Board with his written remarks that mentions the particular dimensions. The renovated structure will have four bedrooms and will contain 3,800 sq. ft. The structure will also will have a garage, and a new Title 5 septic system. The actual substitution for the pool, spa, and patio for the largo, deck reduces the lot coverage to 23.5% which is still below the 25% lot coverage that is allowed in the Popponesset Overlay District. Mr. Kirrane,said that the request falls under §174-17 which calls for a specific finding that the proposed, change, alteration, or extension would not be substantially more detrimental than the existing structure, and that there is adequate land area to provide sufficient parking and setbacks,that may be required. Mr. Kirrane provided his written presentation to the Board,along with the building design plans that were provided by Thomas J. O'Neil.There is no need for variance relief because they are improving the setback conditions, and the new building along with the new septic system with the addition of a new garage for parking will,bring this project well within the proper exercise of the Board's discretion in granting a specific finding that it will not be more substantially detrimental to the neighborhood than what currently exists. Both the Conservation Commission and the Board of Health have approved the project. Mr. Kirrane said he had a conversation with the President of the Popponesset Association because theie was some concern relative to the possibility of runoff from the pool. The Conservation Commission addressed the issue of any such runoff, and as part of their conditioning requirements that this project would have drywells on the property. The pool is an "ozone" designed pool which does not have typical chemicals as a regular chlorine pool. 5