02/12/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR WITHDRAWAL WITHOUT PREJUDICE PETITION FOR A VARIANCE Michael E. Markowski and Alycia Markowski 47 and 51 Redwood Circle (Map 27 Parcel 98 & 99) Mashpee, MA 02649 V-2014-07 The lot is two building lots that were combined into one single building lot. Mr. Kirrane provided the Board with a copy of the land court plan that depicts lots 14 and 15 originally approved by the Mashpee Planning Board. This lot, based upon the plans submitted, is approximately 28,145 square feet and within 50 feet of resource areas which is also a non-conforming aspect of the structure. Section 174-17 of the Bylaw permits additions to pre-existing, non-conforming structures.In this particular case,the two proposed modest additions consist of a 151 square foot living space over a portion of the existing deck and reconstruction of the garage that will consist of 581 square feet and needs serious repair. The typography of Redwood Circle drastically drops about 20 feet to the Mashpee River. As a result,the concrete paved driveway has encountered significant problems over the years fiom flowing water down the driveway and has created a great deal of rot causing the concrete floor to crack as well as cracking the foundation of the dwelling. The new renovations will consist of installing drainage equipment that will cure the runoff issues and provide a solution. The Conservation Commission approved the proposal because of the action being taken to deal with water runoff, and will also eliminate the condition of runoff toward the Mashpee River. Mr. Kirrane stated the Board is familiar with an alteration or change of a pre- existing non-conforming structure, and must determine whether or not the proposed is substantially more detrimental to the neighborhood than what currently exists. The entire new footprint being added to the site is approximately 261 square feet. When the Markowski' s bought the property, the basement area had already been improved, so there is a significant storage problem in the dwelling and the addition of the garage will help create needed storage space. The proposal does not create a condition that is more substantially detrimental to the neighborhood than currently exists, and will provide positive results to the conditions of the site and have adequate parking. Mr. Reiffarth read the Board of Health comments into the record; "The proposed room over the garage is considered a bedroom. The septic is large enough for four bedrooms and the property is not in Zone II.A septic inspection is required to be performed prior to building permit sign-off by Board of Health." Associate Board Member, Scott Goldstein stated he spoke to Glen Harrington, Health Agent regarding the plot plan depicting the deck placed partially over the septic tank. This is acceptable as long as it's not placed over covers. Keep in mind the footings cannot be built over the tank. 2