03/12/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Donald S. Bellis and Susan E. Dacey-Bellis 150 Waterway(Map 105 Parcel 237) Mashpee, MA 02649 FINDING-2014-11 The current dwelling was constiucted back in the late 1960's with"texturized 111" sheathing and was consistent with other homes in the neighborhood,but is out of character with current homes. The homeowners would like to install an elevator to accommodate handicapped family members and is not practical to retrofit the existing dwelling with the design of the current home. The existing structure is non-conforming with one of the side yard setbacks at 10.2 feet and the requirement is 15 feet. The front yard setback is 30.7 feet, and 40 feet is required. The distance from the wetland is 41 feet and 50 feet is required. There is also an accessory dock, pier and float on the lot. The new home design depicts a 2-story, 3-bedroom dwelling. In addition,there will be a new Title 5 septic system incorporated into the project. The proposed structure will have a footprint of 2,995 square feet which represents a 19.96% lot coverage; compliant with the required 20% lot coverage. The building as proposed will sit back approximately 26.3 feet and will bring it closer to Waterway,but will become compliant on the sidelines, where it was not compliant before. That one side yard will be 22.7 feet and 17 feet on the other side. In addition, it will be compliant with the 50 foot setback requirement from the wetlands, and will improve to 53 feet from the wetlands. Mr. Kirrane stated the Board is familiar with the bylaw which does allow for alteration changes, extensions to pre-existing non-conforming structures, as it relates to this raze and rebuild project. The design is still non-compliant in the front yard, which made this obligation to submit an application to the Board for a special permit relief. The proposed is not substantially more detrimental to the neighborhood than what currently exists, and has adequate setbacks and parking on the site to service the needs of the occupants of the proposed structure. The project was approved by both Conservation and Board of Health Departments. Mr. Furbush asked if the house is being lifted. Mr. Kirrane stated the elevation of the garage is being lifted in order to accommodate a handicapped family member. The height is 35 feet. Mr. Tim Luff stated the design of the home accommodates the new flood maps. The new basement and all living space will behind the new FEMA line, and will be at an appropriate height. Also, the structural engineer will design the deck to meet the velocity zone requirements. Mr. Furbush read the comments from Conservation into the record, "The Conservation Commission unanimously approved this application at the February 27,2014 hearings. The applicants requested a waiver from the regulatory requirements of the Ch. 172 Wetland bylaw to allow for some encroachment into the 50' setback from the wetland edge in the interest of accommodating a handicap access ramp." 2