11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Petitioners, Jamie and Paul Saganey (Owner of Record: Daniel J. Saganey, Trustee of the Poppy Realty Trust) 28 Jeep Place (Map 118 Parcel 108) Mashpee, MA 02649 V-2019-54 There's also a large concrete seawall that runs along the beach and completely around the existing dwelling, and the out building on the site. Attorney Kirrane pointed out that the 50 ft. setback criteria runs through the house, and also shows both the FEMA coastal bank, and the Mashpee coastal bank completely surrounding the proposed dwelling and detached garage. 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. 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. There will also . be a new Title 5 septic system installed. The Board heard testimony from Attorney Brian Wall and Arlene Wilson who represented the abutting properties located at 24 Jeep Place and 16 Jeep Place. They discussed their concerns regarding possible storm water flow, and how it may impact the abutting properties. They were also questioning the lot coverage calculations. They believe that the proposed house required variance relief as well as the garage. Chairman Furbush asked if the proposed garage area will be raised. Tom Bunker said that the proposed garage will be built on a partial 5 ft. high foundation. 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. 2