09/09/2015 ZONING BOARD OF APPEALS Minutes

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• • • MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 9, 2015 MEETING MINUTES These new additions.will create an 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 on 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 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. Also, the rear deck; which I am not sure if it is existing or proposed - is also closer than 50 feet to the salt marsh. Because neither of these additions and the deck (if new to the site) had asked for relief from § 174- 3 — the Board may not be able to rule on this for it was not requested by the applicant and thus not properly advertised." Mr. Kirrane said the existing building is a non -conforming structure. The permission is to alter a change to a pre-existing, non -conforming structure, and not increasing the non - conformities. He is maintaining the same front yard setback, and the same side yard setback. The existing deck is only 12 feet from the wetlands, and not violating the 50 ft. setback if already at 12, under §174-17. The addition is much further away than the deck is currently, and will be built over the existing deck. Mr. Forbush read the Conservation Commission comments into the record; 161 Daniels Island project was approved by the commission with no issues. Mr. Blaisdell read the Board of Health comments into the record: "Septic inspection required due to additions/change in footprint of foundation. Septic good for three bedrooms. Proposed floor plans show three bedrooms. OK. Mr. Capone said he calculated the new topo floor elevation as 14.36. 3