04/23/2014 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS APRIL 23, 2014 MINUTES Mr. Reiffarth asked if Mashpee Commons changes buildings do they recalculate the leasing of different entities into the spaces of buildings, i.e., restaurants, bowling allies, and so forth. Mr. Ford said; "yes, each time returning to the Board under Conditions 3 and 5 of the original 1986 Special Permit for any building brought online. It is required to update per the uses that are in those buildings at the time which may be different than first occupied. For example, if something has changed to a restaurant, than it's required to show the additional parking needed, the wastewater changes, and the square footage." Mr. Ford requested a withdrawal of the Variance and Special Permit modification without prejudice. He stated that if decided to come forward it will be different thinking. Mr. Furbush made a motion to accept the withdrawal without prejudice of both the request for a variance and modification of the Special Permit. Mr. Reiffarth, seconded, Mr. Blaisdell, yes, Mr. Jodka, yes, Mr. Goldstein, yes. All were in favor. Mr. Morgan requested a letter of withdrawal from Mr. Ford. Robert Roche: Request a Written Finding under Article V §174-17 of the Zoning By- laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre- existing, non -conforming structure to allow for construction of a new single-family dwelling on property located in an R-3 Zoning District at 37 Seconsett Point Road, (Map 124 Parcel 19), Mashpee, MA. (Owner of Record: Patricia O. Schmitt). • Attorney, Brian Wall represents the applicants who were present as well as Mr. Borselli, of Falmouth Engineering. Ms. Schmitt's son was also present. The request for a written finding under Section 174-17 of the zoning bylaw seeking permission to raze the existing structure and replace it with a new structure. The 8,700 square foot lot is relatively small in an R-3 zoning district on Seconsett Point Road and backing up to Waquoit Bay. The lot has been in existence since 1928 and is therefore non -conforming. 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. He introduced Mr. Borselli to discuss the technical aspects of the project. Mr. Michael Borselli, of Falmouth Engineering stated he prepared the site plans and site design of the project. The lot known as parcel 19 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 is lawn area, the existing house and some landscaping and driveway. 5