03/12/2014 ZONING BOARD OF APPEALS Minutes

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• • 0 MASHPEE ZONING BOARD OF APPEALS MARCH 12, 2014 MINUTES The existing structure is non -conforming with one of the side yard setbacks at 10.2 feet and 15 feet is required. 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 as part of the proposal. 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 from 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. The Board knows the bylaw does allow for alteration changes, extensions to pre-existing non -conforming structures, as it relates to this raze and rebuild project. The fact the design is still non-compliant in the front yard, made this obligation to submit this application to the Board for special permit relief and the Board would have to make a finding that the proposed is not substantially more detrimental to the neighborhood than what currently exists, and has adequate setbacks and parking on site to service the needs of the occupants of the proposed structure. The project was approved by both Conservation and Board of Health Departments. Jonathan asked if the house is being lifted. Kevin stated the elevation of the garage is being lifted in order to accommodate a wheelchair. The height is 35 feet. 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 an appropriate height. Also the structural engineer will design the deck to meet the velocity zone requirements. Jonathan read the comments from Conservation into the record, "The Conservation Commission unanimously approved this application at their February 27, 2014 hearing. 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." Jonathan read the comments from the Harbormaster into the record; "The Harbormaster requires that the dock/floats must be updated to black hard plastic encapsulated block flotation and all the foam/Styrofoam be removed and disposed of properly. This will help eliminate the issue of storm boom debris on our bays, lakes and rivers.