04/09/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 9, 2014 MINUTES • Mr. Kirrane stated Dave MacLean, Architect was present if the Board had any questions, and Mr. and Mrs. Chafetz were also present. Mr. Kirrane mentioned there was some concern that the proposed building is much larger than the Board had previously approved. He asked Dave MacLean to provide a schedule of square footages and particular lot coverage which was attached to the rear of the written presentation. The previously approved square footage of the proposed structure was 2,932 square feet, which is 18% lot coverage. The proposed square footage is 2,975 which is a 42 square foot difference and still represents 18% lot coverage. He also pointed out in his written remarks, the lot is part of the Little Neck Bay cluster sub -division, and technically under the bylaw cluster subdivision rules, 30% lot coverage is allowed. This would comply in the applicable R-3 Zoning District. He stated other than the two variance requests the Board granted the owner of the property, which is under agreement with the Chafetz', the lot is not considered buildable unless relief was granted because of the 40 foot setback requirement. The hardship relates to the site conditions of this lot. The relief can be granted without detriment to the public good or the neighborhood. Mr. Furbush read the comments from Conservation Commission: "Most recent plan changes (smaller house/cantilevered deck) administratively approved at the March. 27`h Concom hearing." • Mr. Furbush read a letter sent from Frankie Drew, Manager of the (ARC) Architectural Review Committee; `The ARC reviewed the design of the new home to be built at the above referenced address. We have no issue with the design of the home and approved it on a preliminary basis. We have a few issues to work out i.e. roof color, use of window materials to be discussed, and a certified Site Plan for the Committee to review for setbacks. We feel that none of these issues will be a problem to work out with the Chafetz's and final approval will be given. We understand that the ZBA hearing is scheduled for April 9, 2014 and their attorney will be issuing a packet of information, including this email, in that packet on March 14, 2014." Mr. Furbush read a comment from Catherine Laurent dated Wednesday, April 9, 2014; "Please advise the Board that the above applicant, if the requested variances are approved, shall require a Curb Cut Permit from the DPW prior to any work being performed on the property and/or issuance of a building permit." David McLean, Architect stated the research he did on the lot was originally developed in 1974 with the Tide Run cluster subdivision. There were four lots along Great Oak Road at the time. According to the President of New Seabury, who owned the water district in that area had a water main installed, and it short cut across the marsh to reach Little Neck Bay. The two lots to the West are now unbuildable because the water main curves down the center. He stated the foundations for the deck are now 5.5 feet further back from the resource area that was previously approved. The big difference is the scale of the house relative to the neighbor's house which is quite larger; 2.5 stories with a walk -out. The proposed house is one story with a walk -out similar to the New Seabury homes.