11/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 10, 2021 Attorney Kevin Kirrane represented the homeowners for the Special Permit and Variance request to construct a garage and second floor addition. Also present was Raul with Cape & Islands Engineering. Attorney Kirrane provided the Board with a site plan, house plans, and his written narrative of the project. A portion of the second floor addition will be built above the garage. The site is a 15,000+sq. ft. lot has 90 ft. of frontage along Sunset Circle, and 116 ft. of frontage along vegetated wetland. The shape of the lot is narrow in the front and wide in the rear along the wetlands. The property has been improved with a 3-bedroom ranch style single-family residential structure and fails to meet the 15 ft. side yard setback from its northerly property line where the deck is only 8.9 ft. and the dwelling is 11.1 ft. from the property line. The dwelling also does not conform to the 40 ft. front yard setback, but meets the average setbacks of the structures on either side and is considered to be conforming. The application is for Special Permit relief for an alteration or extension of a pre-existing non-conforming structure. The proposed Variance relief was applied for because of the 8.3 ft. from the southerly property line. Therefore the applicants are seeking a 6.7 ft. variance from that line. The Board has the discretion to grant variance relief if the applicant can demonstrate that a hardship exists due to the shape and topography, and other soil conditions on the lot, and will not nullify the intent of the bylaw. In this particular case the site plan demonstrates a significant change in the angle of the lot line to the South thereby rendering the front portion of the lot narrower than the rear portion of the lot near John's Pond. The project has not been in front of the Conservation Commission, but is scheduled for next week. The Board could certainly condition upon the Commission's approval, and any changes to the plan could reappear to the Zoning Board to seek a modification of the permit relief. Sharon read two letters submitted by the direct abutters who is in favor of the project, and believe that the project will not be a detriment to the neighborhood. Chairman Furbush asked what the additions include. Attorney Kirrane said that the additions include a second floor to the main dwelling and above the garage. The structure remains a 3-bedroom dwelling. Mr. Furbush agreed that the lot is odd in shape and has no issues. He polled the Board for comments. Mr. Goldstein questioned the variance request. Attorney Kirrane said that the application does not include the front yard setback because it meets the average setbacks on both sides. There is a slight bump-out in the front, however the question really becomes whether or not it is getting closer than the average setbacks, but the fact that it is an average setback and not meeting the 40 ft. setback makes it a non-conforming condition. The question is does this require a variance or is it a non-conforming condition even though it's an allowed condition because it meets the average setbacks. The Board can include this as part of the Special Permit for alteration or change. 5