04/23/2014 ZONING BOARD OF APPEALS Minutes

Home Browse Search

• MASHPEE ZONING BOARD OF APPEALS APRIL 23, 2014 MINUTES Mr. Goldstein read an email into the record dated April 15, 2014 from the abutters at 3.8 Seconsett Point Road, Neil and Maureen Ferris support the project. Mr. Furbush read a letter dated April 9, 2014 from the abutters at 19 Seconsett Point Road, Manny and Faith Garcia that do not favor the allowance of any changes to the existing side yard and front setbacks. Mr. Jodka read a letter dated April 16, 2014 from the abutter at 29 Seconsett Point Road, Gloria B. Henn objects to any variances. Mr. Wall rebutted stating that the application is for a written finding, not a variance. Secondly, the unique area is what attracted his clients to the property and they do not want that to change. The front yard setback complies at 30 feet and the structure is at 38 feet. The rear is 50 feet from the wetlands and complies, the sides don't meet the current code at 15, but presently the current structure is 4 and 4.5 and is moving close to 10 feet. Attorney, Theodore A. Schilling, representing Mr. David Bernstein, the abutter at 33 Seconsett Point Road, and Gary and Lynn Laurino, the abutters at 43 Seconsett Point Road. He mentioned that Susan Howard, the wife of David Bernstein was also present. Mr. Schilling and Ms. Howard appeared at all the hearings regarding the petition and voiced their objection accordingly. Attorney Schilling handed the Board his written objection memo listing the points of Section 174-17, the foot print of the proposed dwelling and privacy issues of the neighboring homes. Ms. Howard stated she and her husband reside at 33 Seconsett Point Road. She believes the proposed new dwelling is more detrimental to the neighborhood than the existing home. She passed out a computer generated aerial view of the current home on the lot and said it's too tight at the comers and believes it will be worse. She said the plan shows an 8 foot setback as opposed to a 10 foot setback. She provided a diagram of the lot showing the existing house as 930 square feet, and the proposed house showing 1,876 square feet. The existing house has a 10.5% lot coverage, the new house at 21.5% lot coverage and encroaches 507 square feet doubling the foot print. Ms. Howard also prepared an actual model of the existing and the proposed home. She is asking the request for the finding of the new home be denied. Mr. Schilling commented that bylaw Section 174-17 does not protect the Town. He said there is not a floor ratio capacity as in Barnstable preventing this type of filing. He believes an 8,000 square foot vacant lot vacant that's been vacant for 40 years can be built on with the required setbacks. He doesn't believe that extending a non -conformity should be allowed. He stated his clients are not opposed to the re -building, his clients do not want a building that will obstruct the space and feel of the peninsula, and would like the Board to take this into consideration. E