08/27/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 27, 2014 MINUTES Leslie A. Wagner Caffvn: 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 822 sq. ft. addition on property located in an R-3 Zoning District at 10 Popponesset Island Road, (Map 105 Parcel 267A), Mashpee, MA. Leslie A. Wagner Caffvn: Request a Variance under § 174-31 (Land Space Requirements) of the Zoning By-laws and M.G. L. Chapter 40A § 10 for relief from the front yard setback requirements of a residential structure on property located in an R-3 Zoning District at 10 Popponesset Island Road, (Map 105 Parcel 267A), Mashpee, MA. Attorney, Kevin Kirrane representing Leslie Caffyn in connection with the application before the Board for a specific finding, and if necessary, a front yard variance. He provided the Board with pictures, and appended a copy of the land court plan with the written remarks that shows the lot to give the Board an idea of the lot and how it is impacted by its shape and wetland resource areas. The parcel of land is uniquely shaped on a peninsula, and there is no frontage. The lot is accessed over a 15 foot wide way to Popponesset Island Road and containing 53,600 square feet which makes it conforming by a size perspective, but does not have any frontage. This is is an access easement created without frontage several years ago. The side yard was improved with a three bedroom home built in the 1950's. There is also an accessory pier, dock, and float complex on the westerly side of the lot. It is a single-family, residential, non -conforming structure and fails to meet the 50 foot setback requirement being 19.6' from the wetland resource area. 0 The proposed project includes a small addition to the existing structure on the southeasterly and westerly sides, a small breezeway, and a one car garage. The garage as proposed will sit 15.3 feet from the private way and lot line. If the Board considers that a side yard, then the structure conforms, and there is no need for a front yard setback criteria. If the private way is frontage, there will be no issue because there is no structure. There's no other issues regarding lot coverage or other involved setbacks. A substantial interior renovation is also being proposed as well as a face lift of the structure. There will be some dormers added on the second floor and converted to living space. There is a considerable upgrade of what currently exists and not getting any closer to any wetland resource areas. The project was viewed and approved by Conservation. Mr. Mendoza stated as noted by Mr. Kirrane, he views the private way as frontage on vacant land, and could not issue a permit, but does not have a problem whatever the Board decides. 2