10/23/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Michael Bloom and Lori Laskin Bloom 17 Overlook Knoll Road (Map 118 Parcel 36) Mashpee, MA 02649 FINDING-2013-49 John Ryan, an abutter at 13 Overlook Knoll Road stated he would like the new dwelling to remain within the required setbacks as he observed eight years ago when he rebuilt his home. There were other abutters present at the meeting and stated similar concerns. As noted at the first hearing, the Board had concerns with the original plans depicting the basement above ground which makes the building height well above the 2- 1/2 stories allowed in the Town of Mashpee.The house is situated on two streets with"two front yards", and a setback from both streets at 25 feet with no backyard. The Board determined this creates a "hardship" which justifies some relief to the homeowner on the Seaview Avenue side of the property. The Board stated the allowed height elevation is 30 feet or less with the allowed widow's walk of 100 square feet, and was confirmed as 96.9 square feet. The existing average grade is 20 feet and the home is designed at 21 feet. There are no decks included on the design. Mr. Morgan stated the grade will remain the same after the home is built. The design of the sloping driveway could potentially create problems during the winter months. GENERAL FINDINGS: The subject property located at 17 Overlook Knoll Road consists of 6,375 square feet and located in the Popponesset Overlay District. WRITTEN FINDING CRITERIA: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non- conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, 0 and, that there is adequate land area to provide sufficient parking and setbacks as may be required. 3