9/9/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 9,2020 Attorney, Christopher Kirrane represented the applicant. Also present was Raul Rivera, with Cape&Islands Engineering.Mr.Kirrane provided his written remarks explaining the details of the project. There are two non-conforming aspects on the property. One of the setbacks is 10.8 ft. and the required setback is 15 ft.There's also a non-conforming setback to the wetlands, and that setback will increase 3 ft. because of the second floor overhang. The first floor will decrease the non-conformity to 46 ft. The shed will be eliminated. The project is a substantial improvement than what currently exists. The Conservation Commission has approved the project, and there will be a new Title 5 Septic System. The Variance request under Section 174-33 is for the pool because that is not part of the existing structure. Mr. Kirrane believes that this Variance can be granted due to the shape of the lot, and is considered a hardship. The site plan depicts the northeast side setback will be improving from 10 ft.to 15 ft. Raul said that the overhang is allowed in zoning, and this particular overhang is included in his lot coverage calculation. The Board confirmed that the percent lot coverage is 19.5%. Scott wanted to know if the second story cantilevered deck, and the first floor deck were included in the lot coverage. Raul said yes, both are included in the lot coverage. The cantilevered deck overlaps the first floor deck. Chairman Furbush wanted to know if the pool was included in the lot coverage. Raul said yes. Mr.Bonvie asked how close the closest structure was to the wetlands.Mr.Kirrane said that the existing shed is closest the wetlands, but that is being eliminated. He said that the distance is approximately 41 ft. to the wetlands which is the second story overhang. The closest is 46 ft. on the first floor. The distance request is 3 ft. Charlie said that he doesn't believe that this project requires Section 174-33 because it's less non-conforming. Attorney Kirrane thought that the patio was included and would require the Variance. The Variance was initially for the pool. Sharon read the Board of Health comments dated September 9, 2020 into the record, and the Conservation comments into the record. There were no more comments from the Board. 5