09/09/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Richard J. Lawless, Jr. and E. Ranney Lawless 161 Daniels Island Road (Map 105 Parcel 271) Mashpee,MA 02649 FINDING-2015-35 Currently there's a 40 foot setback requirement; the home sits 11.8 feet off the southeasterly boundary line that it shares with lot 8, and requires 15 feet. It does have a conforming side yard setback of 3 feet on the northwesterly side of the structure. It is also non-conforming given its proximity to the wetland resource area retaining wall. The deck sits about 12.1 feet from the top of the bulkhead wall. As shown on the plan, the lot is approximately 11,300 square feet and has 70 feet of frontage on Daniels Island Road. The building currently is a pre-existing, non- conforming structure. It sits only 16.5 feet off Daniels Island Road. Currently there's a 40 foot setback requirement; the home sits 11.8 feet off the southeasterly boundary line that it shares with lot 8, and requires 15 feet. It does have a conforming side yard setback of 3 feet on the northwesterly side of the structure. It is also non-conforming given its proximity to the wetland resource area retaining wall. The deck sits about 12.1 feet from the top of the bulkhead wall. The proposal is to build on the existing foundation with the addition of the small bump-out on the westerly side of the structure. This building was built in the `80's and has a very small kitchen area, and one bathroom on the first floor in the master suite which is not easily accessible. There is one bedroom on the first floor, and two bedrooms on the second floor. These new additions will create an easier accessible bathroom. The lot coverage is currently 2,760 sq. ft. which represents 24.42% lot coverage. The proposal is for 2,750 sq. ft. (10 square feet less than current conditions), or 24.33% lot coverage. This relief can be granted which permits alterations and changes to pre-existing, non- conforming structures. Mr. Goldstein asked if the cantilever over the garage is the same footprint that currently exists. Mr. Capone said; "yes". Ron said the plot plan depicts the flood elevation as"AE EL 13",but on the existing house,the first floor elevation shows 12.7'. Mr. Capone said he is raising the foundation 1'-4", and will be slightly over 13 ft. Mr. Bonvie and Mr. Blaisdell said the plan should be corrected. Mr. Furbush wants an updated plan. Mr. Goldstein said it will also change the roof. Mr. Capone said the height of the building is accurate on the plan. Mr. Bonvie read the Inspection Department comments into the record; "The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area — listed as "Moderate Sensitivity". This project is also within the AE Flood Zone. All work shall conform to the MA State Building Code requirements for construction within an AE Flood Zone. The applicant is seeking a Written Finding under Article V §174-17 to determine if the removal of an existing home,but keeping the original foundation which is to be used to reconstruct a new home on said foundation would be more non-conforming. The applicant is also looking to add two (2) additions onto the property. Both of these additions appear to be c closer than 50 feet to the salt marsh located to the rear of the property. This may be violation of§174-3 —Setback from water and wetlands. 2