11/18/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS NOVEMBER 18, 2015 MEETING MINUTES Mr. Jodka, seconded, yes, Mr. DeBarros, yes, Mr. Goldstein, yes, Mr. Blaisdell, yes, and Mr. Furbush, no. The Board voted 4-1 in favor of variance relief of 50 feet in the front, and 50,000 from the lot size requirements for the lot located at 110 Wheeler Road. 379 Mashpee Neck Road: Owners, Donna J. and Steven P. Fuller, Trustees request a Written Finding under Article V §174-17 to raze and replace an existing dwelling on property located in an R3 Zoning District, (Map 90 Parcel 57), Mashpee, MA. Mr. Steve Cook, Cotuit Bay Design represented the petitioners for this tear down and rebuild project. Also present was Steve Fuller, homeowner. The Fullers want to tear down their existing small one story house and construct a two story house. The existing house does not meet the current and future requirements for their family. The existing house is non -conforming at 31.4 feet off the front property line, and requires 40 feet. The existing house does not meet the flood zone requirements. The existing house is across from Popponesset Bay and abuts Mashpee Neck Road, and Pirates Cove. The new design would be to square off the new home, and pushing everything back beyond the buffer zones to meet all zoning guidelines and setbacks for the R3 zoning district. The lot coverage is currently 10.4% and will increase to 15.06% which is well below the 20% the lot coverage restriction. A new septic system will be installed on the Captains Row side outside the buffer zones, and will be brought up to flood zone requirements. The setbacks • on the north side are 18.2 ft. and 18 ft. on the south, the west at 40.9 ft. off Captains Row, and on the east at 3.6 ft. There is not setback relief need. Mr. Jodka 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". The applicant is seeking a Written Finding under Article V §174-17 regarding a determination from the Board for the removal of the existing home and shed and replacing it with a single family home. The proposed single family home is within the AE Flood Zone. All work shall conform to the MA State Building Code requirements for construction within an AE Flood Zone." Mr. Jodka read the Board of the Health comments into the record; "Not in Zone II, not restricted to number of bedrooms. Why isn't the septic designed to account for potential build -out of unfinished space above garage (possible 411 bedroom). That area is closed off for privacy so once it is heated it will be called a bedroom by BOH." Mr. Cook said he revised the plans to put in a 6 ft. cased opening above garage to be used for storage. The Building Plans will be revised to show a 6 ft. cased opening. Mr. Jodka read the Conservation Comments into the record; "This project has been approved by the Conservation Commission at our October 91h meeting." • Mr. Furbush read the DPW comments into the record; "The above property is located on a Town road. The new driveway will require a curb cut permit from the DPW prior to start of demolition/construction."