04/23/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION WITHDRAWAL OF A WRITTEN FINDING Robert Roche (Owner of Record: Patricia O. Schmitt) 37 Seconsett Point Road (Map 124 Parcel 19) Mashpee, MA 02649 FINDING-2014-25 The property has currently improved with a single-family dwelling that was actually moved to property by Mrs. Schmitt's father in 1946 from another location. The house is closer to the wetlands than the 50 foot requirement, and is non-conforming under Section 174-33. It is also 4 feet off the southerly boundary and 4.6 feet off the northerly boundary. As a result is non-conforming as to the side setbacks. The Roches' would like to raze the existing structure and replace it with a new single-family dwelling. Under Section 174-17, he is permitted to seek a finding from the Board to allow this project as long as it is demonstrated to the Board's satisfactions that the project will not be substantially more detrimental than the existing non-conforming structure to the neighborhood. Mr. Michael Borselli, of Falmouth Engineering stated he prepared the site plans and site design of the project. The lot is 8,700 square feet in total area has frontage on Waquoit Bay. The frontage on Waquoit Bay includes stone rip rap embankment. Towards the east of Seconsett Point Road of the existing house is lawn area, and some landscaping, and a driveway. The current home does not meet the setback zoning requirements, and also does not meet the FEMA standards for construction a flood zone. It includes a basement below space with a heating systems and storage that is not allowed under FEMA standards in a flood zone.The new home will not have abasement,it will be constructed and designed for compliance with FEMA standards;building code standards in Flood Zone A. The current septic system is less than 100 feet from wetland resources and the new septic system would be sighted so that all components in excess of 100 feet from wetlands. The current setbacks will double from the average 4 feet from the structure and will become 8 feet. There is currently no roof drainage system so there is potential for erosion from the roof runoff. There will be a dry well system incorporated into the new house design and most importantly from an environmental point of view, there is currently no native buffer between the structures and wetland resources,it's basically a lawn area.The new developed lot will have a significant area of native buffer between the house and the native resources. The applicants were approved by the Board of Health and Conservation. The new structure lot coverage would be 21.5%, and 130 square feet over the 20% limitation. It's a very small lot at 8,700 square feet, and one foot makes a big difference. Mr. Furbush mentioned some current lot comparisons in the neighborhood; 65 Seconsett Point Road is 13.5% lot coverage, 38 Seconsett Point Road is 15.5%, and 36 Seconsett Point Road is 20.2%. To the best of his knowledge, these are the only three homes that were approved. z 2