01/08/2014 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS JANUARY 8, 2014 MINUTES • Bill Blaisdell made a motion to approve Richard J. and Janet M. Cleary's request for a Written Finding under 174-17 and 174-20 and references a plan entitled; "Certified Plot Plan, 16 Spoondrift Way, (New Seabury) Mashpee, MA. Sheet 1 of 1, dated 11/11/13, Scale: as noted, DWG File: Spoondrift_16_Cleary, drawn by: MC, Checked by: Christopher Costa, PLS, Prepared by: Costa Associates, Inc., 800 Falmouth Road, Mashpee, MA. Drawing Title: Site Design Plan. Mr. Furbush, second, yes, Mr. Reiffarth, yes, Mr. Jodka, yes, Mr. Scott Goldstein, yes. All were in favor. Lawrence E. & Susan G. Johnson request a Written Findingunder §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre-existing, non -conforming structure to allow for a new addition and deck of dwelling on property located in an R3 Zoning District at 408 Monomoscoy Road, (Map 124 Parcel 42), Mashpee, MA. At the request of the Attorney, continued from December 11, 2013 hearings (opened, but not heard) to next ZBA meeting with five -member Board sitting. Attorney Kevin Kirrane represented the applicants at 408 Monomoscoy Road. He stated the homeowners, Lawrence and Susan Johnson, and Tim Luff, of Archi-Tech were present to answer any questions. • The plan depicts a combination of two building lots 43 and 44 and contains approximately 27,000 square feet. The lot currently has a two-story, four bedroom Colonial style home and a pier, float and dock complex. The proposal consists of two additions; one is a two foot bedroom expansion on the Southerly side of the dwelling and the other is for the first floor master bedroom. This bedroom will be expanding onto the existing deck with a two foot cantilever on the rear section of the deck. The master bedroom is on the rear of the dwelling and is a 2 foot expansion towards the property line and expands over the existing deck in the Southerly direction. The deck expands approximately 2 feet. The total expansion of the footprint is less than 100 feet. This application is before the Board because the structure is a pre-existing, non -conforming structure. Currently, the setback on the Southerly lot side is only 13.8 feet and encroaching 11.2 feet. The requirement is 15 feet and moving approximately 1.6 feet closer to the lot line and 2 feet closer to the wetland from the deck. The requirement is 50 feet from the wetland resource area. Mr. Furbush read the comments from the Conservation Commission; "I have completed a review of the application for the proposed projects at 408 Monomoscoy Rd and found no omissions in regards to Conservation's submittal requirements. While I am not the issuing authority, I can say that the project, as proposed, does meet all of the applicable performance standards (functions) for the wetland resource areas involved, including salt marsh, bordering vegetated wetlands and Land Subject to Coastal Storm Flow. I do not • anticipate any issues with this proposal when it comes before the Conservation Commission on Dec 12`x', 2013. The project has been approved by Conservation. 4