03/12/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MARCH 12, 2014 • MINUTES The dwelling will comply with the 40 foot front yard setback requirement depicting 43.5 feet from Popponesset Island Road. Although it does not comply with the 50 foot wetland setback requirement, it will improve by 2 feet with the proposed new pool at 23 feet reducing the overall lot coverage by more than 1.5%. This proposal has been approved by Conservation, and the five bedroom septic system was approved by Board of Health. Mr. Kirrane stated the substantial increase in value, and the overall improvement of the structure will conform to current day zoning requirements. It will be a substantial upgrade to the property, and will not result in a substantial detriment to the neighborhood. There is also plenty of parking on site, and other than the setback to the seawall, the project complies with all other setback criteria. Mr. Furbush asked if most of the dwelling is on flood zone A13 elevation 11. Tim Luff stated the flood line goes along the seawall and in front across the two garages, and will have flood vents, but the elevation of the mud room is above elevation 11 and will have a slab. It was designed so the basement is not in the flood zone. Mr. Furbush asked if there will be a problem with the bottom of the stairs showing 13.9 feet along Lot 49. Mr. Kirrane stated there is no issue becausethe stairs do not have to comply with the setback criteria. Tim Luff stated he spoke to Tom Bunker, Engineer, BSS Design and the landscape architect "massaged" the grades and elevations by eliminating is the step and tweaked the platform and will redesign to comply with the 15 feet. Mr. Goldstein read a letter dated March 6, 2014, submitted by Catanzaro and Allen, Attorneys, into the record stating they represent the abutters at 140 Popponesset Island Road, and objects to the project. Mr. Furbush read an email dated March 12, 2014, from Gerry Carroll summarizing he objects to the project. • Mr. Furbush read comments from Conservation into the record; "This project was unanimously approved by the Concom on February 27, 2014, no issues", and comments from Board of Health into the record; "Title 5 design plan as approved on 3/7/14 for five bedrooms, no denite required." Mr. Michael Price, Trustee to the 128 Popponesset Island Road abutting to the left of the Derenzo property stated he has no objections to the project, however he is concerned with the noise from the pumps and filters for the pool. He wants to make sure the mechanical building will be equipped with sound proofing. 5