09/09/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 9, 2015 MEETING MINUTES The following conditions apply; the applicant will not seek and/or obtain any future variances, and must comply with all zoning and building requirements with the Town of Mashpee, for a building permit, and in the future no further relief will be issued by the Zoning Board of Appeals, and for any title in the event the applicant sells the lot. Also included in this condition; Board of Health comments; "the property is not in Zone II so number of bedrooms are not restricted by the lot size as long as town water is connected to dwelling. Up to 5 bedrooms allowed on conventional Title V system." Referencing a Sub- division plan, "Winslow Heights", Winslow Cape Realty Trust, George A and Ruth J. Winslow Trustees, dated September 5, 1985, Scale: 1" = 100', Lot 5, Town of Mashpee Locus, Map 79, Parcel 89, 0.73% of an acre. Lot size 31, 691 square feet. Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All members determined the lot to be buildable under §174-31 of the Zoning By-laws. NEW HEARINGS 161 Daniels Island Road: Owners, Richard J. and Ranney Lawless request a Written Finding under Article V §174-17 to raze and replace an existing dwelling (foundation to remain) with an addition and patio on property located in an R-3 Zoning District. Assessors Map 105 Parcel 271/0, Mashpee, MA. • Attorney, Kevin Kirrane represented the applicant for the proposed project. Also present was the homeowner, Richard Lawless, and Architect, Harry Capone. He provided an existing and proposed conditions plan with a detailed narrative, and photos of the neighborhood. The applicant is proposing to raise the existing single -story, single-family 3 -bedroom dwelling, and construct a two story 3 -bedroom dwelling on the existing foundation. In addition, there are a couple of small additions that are highlighted on the plot plan. A small addition on the northwesterly side of the property and a small addition over an existing deck. There is an existing deck on the front of the building which is going to be removed, and an existing portion of the stairway to the existing deck on the rear portion will also be removed. This will enable the homeowner to keep the premises under the existing lot coverage. 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 had a very .. small kitchen area, and one bathroom on the first floor in the master suite which is not accessible. There is one bedroom on the first floor, and two bedrooms on the second floor. 2