08/28/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 28, 2013 MINUTES Ron Bonvie asked what the ridge line would be because the attic height level shows 40.6 on the proposed house plans. Mr. May stated the ridge line has been verified with the surveyor to be 35 feet above the average grade. The Board of Health commented that this dwelling is in a Zone II, dwelling restricted to four (4) bedrooms. The Conservation Department commented; "50 Spoondrift was approved for an order of conditions at our August 22nd hearing. The applicant's consultant informed the commission there would be some damage to the salt marsh during the seawall repair (unavoidable). The consultant informed the commission that any damage to the salt marsh will be mitigated for this will be addressed in the language of the order of conditions that we will issued this week for the project. We are also going to require that a wetland consultant be present at the site during the seawall repair work." The Board questioned if the leach field has been inspected and adequate for a four (4) bedroom dwelling and will the flood zone elevation 11 effect the bottom .level of the dwelling. Mr. May said the slab will be raised out of the existing flood plain. Kevin stated the improvement of the sideline setback, reducing the number of bedrooms is from five (5) to four (4), and replacing the existing sewage disposal system with a new Title 5 system will comply with current day building codes as opposed to those effected back in 1960 will constitute a substantial improvement over existing conditions. Ron Bonvie made a motion to issue a written finding to Craig A. and Maureen A. Fitzgerald under Written Finding under § 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 50 Spoondrift Way, (Map 112 Parcel 35) Mashpee, MA. Also a Written Finding under §174-20 of the Zoning By-laws and M.G.L. Chapter 40A §6 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 50 Spoondrift Way, (Map 112 Parcel 35) Mashpee, MA. This motion is subject to the following conditions: • A revised plot plan depicting an increase of approximately 30 feet setback from the wetlands to the corner of the dwelling. • Confirmation of the elevations of the dwelling will not exceed 35 feet from the average grade. • Verification, stamp and signed house plans with signatures. 0