10/08/2014 ZONING BOARD OF APPEALS Decision

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� 1y. Town of Allashpee Ifi Gre- at Ji'crk &acl A6r•tlt Irtshpee, Nassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2014-46 John C. Landsiedel and Debra M. Landsiedel Book#: 27374 Page#: 277 12 Monomoscoy Road West (Map 114 Parcel 68) Mashpee, MA 02649 A Petition was filed on September 12, 2014 by John C. and Debra M. Landsiedel requesting a Written Finding under § 174-17 & § 174-20 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 raze and replace a single-family dwelling located on property in an R-3 Zoning District at 12 Monomoscoy Road West, (Map 114 Parcel 68), Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on September 19, 2014 and September 26, 2014 a copy of which is attached hereto and made a part hereof. Public Hearings were held Wednesday, October 8, 2014 on this Petition at the Mashpee Town Hall at which time the following Board members were present; Jonathan Furbush, Chairman, William A. Blaisdell, Vice Chairman, Ronald Bonvie, Clerk, Board Member, James Reiffarth, Associate Members, Dom DeBarros and Scott Goldstein. Also present was Building Commissioner, Michael Mendoza. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provision of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. Mr. John Slavinsky, of Cape & Islands Engineering represented the Petitioner requesting to raze and replace their three season dwelling. The plot plan depicts the existing and proposed three bedroom home with landscaping. He stated the plan was approved by the Conservation Commission and was given an Order of Conditions. Mr. Slavinsky stated the Board of Health wants the second floor office to have a 6- foot permanent opening. The lot coverage will be 19.6% and the height of the dwelling will be 29 feet. The new dwelling will meet current zoning side setbacks at 15 feet, the elevation is 12. The basement floor is 12.5, and the slab will be built up above the flood zone. Mr. Furbush read the Board of Health comments into the record; "Septic design plan approved on February 3, 2014for 3 bedrooms. An installer has not pulled the permit yet but the approval of the plan is good for three years. The second floor office is considered the 4"' bedroom and cannot be built as proposed. The room must have a 6 foot permanent opening. The 3"d floor loft area must remain unfinished and unheated or it is considered the Srr' bedroom."