06/26/2013 ZONING BOARD OF APPEALS Minutes

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V; MASHPEE ZONING BOARD OF APPEALS JUNE 26, 2013 MINUTES • Bryan D. MacLeod and Donna L. MacLeod: Request a Special Permit under § 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non -conforming structures to allow for rebuilding of a single-family dwelling on property located in an R-3 Zoning District at 28 Fiddler Crab Lane (Map 105 Parcel 99), Mashpee, MA. • Sitting on this hearing are Board Members, Mr. Furbush, Mr. Blaisdell, Mr. Bonvie, Ms. Horton, and Associate Member, Richard Jodka. Mr. Steven Cook, owner of Cotuit Bay and Design, LLC, introduced himself the Board and is representing the petitioners. Bryan and Donna MacLeod reside in Florida and are planning on relocating in Mashpee year round. Their current contemporary New Seabury home was built in 1968 consists of a twelve sided section, an eight sided connection in between and two decks. This home does not fit their needs because it a very poor layout and not conducive to year round living. They are requesting to raze and replace this home which is pre-existing non -conforming structure. This home is non -conforming on the South side because it is within 7.8 feet of the property line, and on the East side is 36.8 feet which requires a 40 foot front setback. The existing lot coverage is currently 22%, and plans to reduce the size to 16.5%. The new house will be 41 feet from the front property line, 16 feet off the North property line, and 18.9 feet off the South property line, and approximately 34 feet off the rear property line. The existing shed and driveway curb cuts will remain on the property. The project received ARC approval at a previous hearing two months ago. The new home will match most homes in the neighborhood and is not more detrimental to the neighborhood. Bill Blaisdell read a memorandum from the Board of Health dated June 25, 2013, regarding Bryan D. MacLeod and Donna L. MacLeod (28 Fiddler Crab Lane). In Zone II. The lot is restricted to three bedrooms. Ron Bonvie made a motion to approve and issue a special permit to Bryan D. MacLeod and Donna L. MacLeod under § 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non -conforming structures to allow for rebuilding of a single-family dwelling on property located in an R-3 Zoning District at 28 Fiddler Crab Lane (Map 105 Parcel 99), Mashpee, MA. Mr. Bonvie also stated there is no request for any modification or variances from side yard setbacks or any other zoning requirements. Reference to site plans prepared for Steve Cook of 28 Fiddler Crab Lane, Mashpee, MA. JE Landers-Cauley, P.E. Civil Environmental Engineering. Scale 1" = 10 , Job number 2260 dated 5/6/2013, JDR Sheet 1 of 2, and referencing new house plans, drawn for Cotuit Bay Design, LLC, 43 Brewster Road, Mashpee, MA for MacLeod Residence, 28 Fiddler Crab Lane, Mashpee, MA, Scale '/<" = 1'- 0", dated 4/20/2013, Drawing Al through A4. 5