04/09/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 9, 2014 MINUTES • Back in 2005, in fairness to the applicant, the Board made a finding that they would treat this lot having 16,118 square feet. There was a specific finding in the Board's decision attached in the written comments. The lot size is 16,118 square feet which is above the mean high water mark, the lot coverage after the renovation would be about 16.5% and adding the 111 square feet, cantilevered deck would increase the lot area to 17.19%. The current zoning by-law requires the deduction of anything that would meet the definition of a wetland or wetlands protection act. The current lot coverage would be about 29.55%, and with the addition 111 square foot second floor cantilevered deck, would be about 30.78% left with 9,000 square feet of upland. Mr. Kirrane stated there is no activity taking place on the ground, and all activity is on the second floor deck. The addition of the 111 square feet of deck space is not having an adverse impact on the wetland resource area, and was approved by Conservation Commission. This is not creating the need for any additional parking, conforms to the setbacks, and is not any closer to the side yard than what currently exists. He asked the Board to vote to modify the permit that was granted back in 2005 relative to the addition of this minimal cantilevered portion of the outside second floor deck. Mr. Reiffarth asked what the hardship is for this request of 15 feet setback. Mr. Kirrane stated that there is no need to demonstrate a hardship because it's not an application for a variance. The existing setback of the building is 11.2 feet, and not getting any closer to the • side yard. The Board questioned if judging the lot coverage by the mean high water. The current bylaw is deducting all wetlands. Kevin stated it used to be water or wetlands, now it's the coastal banks which takes more land area out of the lots that are on a pond or on the shore. Mr. Furbush read the Conservation Comments into the record; "Approved by Conservation Commission (concom)-no issues". Mr. Jodka made a motion to approve Kenneth Konikowski's request for a modification under Special Permit.SP-05-49 to enclose the exiting second floor deck and to add 111+/ - square feet of cantilevered deck outside the enclosed area on property located in an R-3 Zoning District at 95 Whippoorwill Circle (Map 125 Parcel 152), Mashpee, MA. The Board approves this request and finds the proposal is not substantially more detrimental than the existing non -conforming structure, the new dwelling will be an improvement and will conform to current building code requirements, is comparable in size and character to other structures in the neighborhood and there is sufficient parking and setbacks as may be required. Also referencing a plot plan prepared by BSS Design, Engineering & Surveying, 164 Katharine Lee Bates Road, Falmouth, MA, entitled; "Plot Plan — Proposed Deck at 95 Whippoorwill Circle, Mashpee, MA, prepared for Kenneth Konikowski, scale 1" = 20', dated January 27, 2014, drawn EJP, TJB, job number 13249, drawing number P21-128. • Mr. Furbush seconded, yes, Mr. Blaisdell, yes, Mr. Reiffarth, yes, Mr. DeBarros, yes. All were in favor. 6