07/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Phillip A. George and Denise M. George, Trustees 25 Naushon Road (Map 123 Parcel 80) Mashpee, MA 02649 FINDING-2020-22 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 remarks 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 there 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 drywelis on the property. The pool is an "ozone" designed pool which does not have typical chemicals as a regular chlorine pool. The limits of the construction are shown on the plan and were submitted to the Conservation Commission. In his closing remarks, Mr. Kirrane suggested that this project is not creating a condition that is more detrimental to the neighborhood,and with the garage addition and configuration with the new driveway there is adequate parking to provide for this residential structure. The Board reviewed the site plan and house plans and had concerns regarding the foundation, and wanted to know the reason the dwelling was not being razed and replaced. Tom O'Neil who designed the home said he hired a structural engineer who confirmed that the foundation was adequate for the renovations. The Board also had concerns with the pool, spa and patio that are being replaced in the deck area, the proposed widow's walk in relation to the height restrictions, and if the bump-out of the foundation will increase the lot coverage. Tom O'Neil said he can provide a letter certified by a civil engineer confirming the maximum height of the dwelling is 30 ft. from the average natural grade. Mr. Kirrane responded that the current lot coverage is 24.8%, and the new lot coverage will be 23.5%which is still beneath the allowed 25% in the Popponesset Overlay District. GENERAL CRITERIA: The subject property located at 25 Naushon Road is approximately 10,000 square feet. The Board read the Conservation Department and Board of Health comments into the record. 2