07/24/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JULY 24, 2013 MINUTES • Glen M. Petrie and Beverly C. Petrie: 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 raze and replace a dwelling located on property in an R-3 Zoning District at 31 Sand Dollar Lane, (Map 105 Parcel 86) Mashpee, MA. Tom Buckley, of BSS Design representing the petitioner and prepared the plot plans. He stated the Mr. Petrie, the homeowner was also present. He stated the site is at the West end of Sand Dollar Lane and is not in the Special Permit area of New Seabury or Popponesset Overly. It presently is a non -conforming home and the proposal is to raze and replace with some minor modifications. The current non -conformity is in the left rear corner of the house which is only 13 feet from the wetlands and the right rear corner is 8 feet from the property line. In addition, the septic is in a non -conforming location and was addressed with Conservation and the Board of Health. The Order of Conditions was issued for this lot and was slightly modified with Conservation. The Board of Health requirement is to add a pressure distribution system which has been added and will be resubmitted. Tom stated the proposal is to raze and replace the existing home and rebuild a new home slightly smaller decreasing the foot print. The newly built garage in the front yard will not be over 20%. The proposed expanded living space is the kitchen and dining room. There • will be a cantilever within 15 feet on the left hand side of the house. The house is currently 13.5 feet and the cantilever will make it 10.7 feet from the property line and is a greater setback than the 8 feet of the minimum setback of the current house. There will be a retaining wall holding up the entire front yard. Part of that wall is the garage foundation which is elevation 20. The current elevation in the front of the house is 14 and will get 6 feet of fill throughout the area and will help significantly with drainage. In the upper area around the parking there will be gardens for any storm water runoff. Richard Morgan stated a 4 foot guard rail will be needed if adjacent to a walk way and installed along the edge of the driveway. Richard Jodka read the Conservation Comments as follows: "The Commission approved the application for a tear down and rebuild at 31 Sand Dollar Lane at the July 11, 2013 hearing. No controversy or concerns with this project." Jon Furbush stated he needs elevations plans. He read the following Board of Health comments dated July 22, 2013. "In Zone II. Site and Design plans under review for a new Title V system (pressure distribution which helps to remove more nitrogen), to accommodate a new three bedroom dwelling." John Dorsey read the letter from John Mitchell, an abutter that resides at 29 Sand Dollar Lane, as follows: "Mr. Petrie should have his lot surveyed to ascertain the exact property • line between his lot and lot #55, then plan the home to meet the zoning requirements. The sheds on 3 Sand Dollar Lane are approximately on the property line (without a permit). 5