09/11/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 11, 2013 • MINUTES Attorney Kevin Kirrane represented Robert and Marjorie Hackett requesting to raze and replace an existing single family home. The plans have been updated since he submitted' the original plans and has appended his written remarks that are more accurate. He stated the entry way was removed from the Hamblin Pond side of the residence to the Stanley Road side of the residence and the proposed building now has 1 foot overhang on the second floor. He also provided photographs of the existing structure and structures that are around the existing dwelling including a dwelling that was razed and replaced next door. The lot consists of 2,968 square feet and has approximately 72 feet of frontage along Stanley Road. The lot constitutes a pre-existing non -conforming lot. The structure fails to conform to the front yard setback because it was built across the property line is a pre- existing non -conforming situation as is the rear setback which his 5.9 feet from the rear property line. It does conform on the westerly side and on conforms on the easterly side where the proposed septic system is being located. The existing building has been developed with a two-bedroom single story residence and has an overall footprint of 769 square feet and a portion of the 68 feet sits on the undeveloped way. • Mr. Kirrane stated the entry way was removed on the updated plan from the Hamblin Pond side of the residence and moved to the Stanley Road side of the residence The proposed building now has a (1) one foot overhang on the second floor. He also provided photographs of the existing structure and structures that surround the existing dwelling, including a dwelling that was razed and replaced next door. is The proposal is to remove the structure that is sitting on blocks as opposed to a cement foundation and will be built to current day code requirements. He indicated the proposed structure is an improvement because it is being moved entirely within the lot. He stated the new building will consist of a 28' x 24' on the first floor and 28' x 26' feet on the second floor. Mr. Kirrane stated the lot is narrow because of the 40 foot width and is making it impossible to conform to the 40 foot setback requirement and 15 foot radiate requirement for current day zoning. The proposal is also to create a front yard setback of 6 feet closer from the structure to include the entry way on the front and 6 feet on rear which is better than the 5.9 feet that currently exists on the rear. In addition, the proposed structure will create a new sideline non -conformity of (9) nine feet to its Westerly sideline, to accommodate Title 5 setback criteria. The parcel is situated in an R-3 Zoning District and does require front yard setback of 40 feet and a side yard setback of 15 feet. 0