11/13/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING130ARD OF APPEALS NOVEMBER 13, 2013 MMTES • Also, referencing the Proposed Site Plan wBasement Plan, dated 10.28.13, Bloom Residence, 17 Overlook Knoll, Scale: 1/16" = P-0", and numbered 0.0, A.0 through A.7 and is subject to Board of Health approval. Mr. Furbush, second, Votes: Mr. Bonvie, yes, Mr. Reiffarth, yes, Mr. Jodka, yes, Mr. DeBarros yes, All were in favor. Richard J. and Janet M. Cleary: Request a Written Finding under Article V §174-17 of the Zoning By-laws and M.G.L. Chapter 40A f6 concerning continuance, extension or alteration of a pre-existing, non -conforming structure to raze and replace a dwelling -on property located in an R-3 Zoning District at 16 Spoondrift Way, ( Map 111 Parcel 121 Extension 0-R), Mashpee, MA. NEW HEARINGS Richard J. and Janet M. Clearv: Request a Written Finding under Article V § 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non -conforming structures to raze and replace a dwelling on property located in an R-3 Zoning District at 16 Spoondrift Way, ( Map 111 Parcel 121 Extension 0-R), Mashpee, MA. ' 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 and moving the building 3 plus feet from the easterly/northeasterly lot line. The neighbor is approximately 5 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 it within the 20% lot coverage criteria. The proposed structure complies with the 50 foot setback wetland requirement. 0