04/09/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 9, 2014 MINUTES Stephen Chafetz: Request a Variance under Article XIV §174-85 of the Zoning By-laws, and M.G.L. Chapter 21A, §2 (7), to vary the setback requirements of the ACEC to allow for construction of a new dwelling on property located in an R-3 Zoning District at 403 Great Oak Road, (Map 126 Parcel 48), Mashpee, MA. (Owner of record: Alexander MacLellan and Lynn M. MacLellan). Stephen Chafetz: Request a Variance under Article VII §174-33, of the Zoning By-laws to vary the setback at least fifty (50') feet from any water or wetland as defined by M.G.L. Chapter 131, §40 to allow for construction of a new dwelling on property located in an R- 3 Zoning District at 403 Great Oak Road, (Map 126 Parcel 48), Mashpee, MA. Attorney, Kevin Kirrane stated he represents the petitioners in connection with the proposed application for Variance relief of a single-family residential structure on Great Oak Road. Two months ago, the MacLellan's had re-applied with pre -approved plans for a similar proposal that expired, and the Board saw fit to renew that Variance relief for the lot size, the setbacks to ACEC, and the setback relief to wetland resource area. Mr. Kirrane stated that he is not convinced the Board couldn't view this as minor modification of the previously approved plans because there is very little change to what is being proposed other than the design of the structure. He highlighted the plan, showing the top of the coastal bank wetland resource area, the ACEC line. • Mr. Kirrane explained the proposed home is a single -story residential structure with a walk- out. On the plans, he highlighted the previously approved structure in yellow, and highlighted the proposed structure in green. As indicated in his written comments, there is no activity taking place on the ground within the ACEC under the new design. As the Board previously approved, there was activity based upon the pilings that were beneath the deck that actually crossed into the ACEC area. The cantilevered deck is the only portion of the proposed residence that lies within the ACEC area. The pilings will support the deck some 4 feet on the side of the ACEC. This is an improvement on the design based upon what was previously approved which is the reason the modification will be such that the Board could consider minor and not requiring any further relief. C Also, the encroachment of the deck on the previously approved plan was in the ACEC, and was closer to the wetland resource area built over the buffer zone. The wetland resource area requires a 50 foot setback and a 25 foot setback from the ACEC. The previously approved design highlighted in yellow was situated within that 50 foot buffer. The new proposal is also within the 50 foot buffer, but not as much as an intrusion the Board previously approved. 7