11/13/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Richard J. Cleary and Janet M. Cleary 16 Spoondrift Way(Map 111 Parcel 121) Mashpee, MA 02649 FINDING-2013-53 On January 8, 2014 Public Hearings were held on this Petition at which time the following Board members were present: Chairman, Jonathan D. Furbush, Vice Chairman, William A.Blaisdell,Board Members James Reiffarth,Richard Jodka,Associate Members Domingo K. DeBarros and Scott Goldstein were present. Building Commissioner Richard E. Morgan was also present. Attorney Kevin Kirrane addressed the Board representing the Cleary's proposal to raze and replace their pre-existing non-conforming structure at 16 Spoondrift Way. Also present was Harry Capone, Building Designer and homeowner, Richard Cleary. The lot consists of 15,200 square feet and has over 200 feet of frontage on Spoondrift Way. The existing structure does not conform to the front yard setbacks criteria from Spoondrift Way nor does it conform to the sideline setback criteria on the easterly and northeasterly boundary. A portion of the structure that currently exists crosses the property line. The proposed home will conform to all zoning requirements and will be compatible with the neighborhood. The structure will eliminate the encroachment on the adjacent property by moving the building(3) three plus feet from the easterly/northeasterly lot line. The neighbor is approximately(5) five feet closer to the existing property line. The lot on the easterly side of the property is a non-buildable open space lot owned by New Seabury Corporation. Mr. Kirrane provided pictures of the existing dwelling built in 1965 that exist on several homes in this development. There will be an improvement on the sideline setback on the easterly and northeasterly side by creating a side yard setback and increasing the front yard setback from Spoondrift Way. It will be 27.6 to 31.2. The setback conforms to the wetlands and will conform when the rebuild is complete. The shed will be removed to bring the dwelling within the 20% lot coverage criteria. The proposed structure complies with the 50 foot setback wetland requirement. Mr. Furbush read the Board of Health comments dated November 13, 2013 from Glen Harrington; "The Board of Health has received a certified plot plan on the above referenced property at 16 Spoondrift Way. The plan depicts a proposed leaching facility to replace the existing leaching facility that failed due to not enough depth to groundwater. The replacement leaching facility shall be a straight forward conventional design without a denitrification system or UV light due to compliant setbacks to the wetland resources. A plan depicting elevations and a complete Title V design shall be submitted for final BOH approval." 2