07/25/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 25, 2012 • Attorney Kevin M. Kirrane and Architect Timothy Luff represented the Petition. Mr. Peter Connly was also present. Attorney Kirrane reminded the Board that in 2011, it granted a Written Finding and Variance relief for a similar proposal on the abutting property at 166 Waterway. At that time, the Board granted permission for construction of a dwelling and pool on the abutting property, with lot coverage of 21.9% of the 12,632 square -foot lot. Plans call for demolition and replacement of the existing deteriorating dwelling at 172 Waterway. The lot is non -conforming and consists of 14,000 square feet of land with only 100 feet of frontage on Waterway. The existing dwelling does not conform to current front setback requirements or the setback requirements from water and wetlands. The proposal is for construction of a four-bedroom, two-story dwelling. It will be closer to Waterway by an extra five feet and closer to the westerly side setback requirements. It will be four feet further away from the wetlands. While the subject property is assessed at nearly $1 million, the existing dwelling is assessed at a value of only $99,000. Attorney Kirrane said that replacing the old structure with a new dwelling that conforms to current building code is an improvement. The proposed design is more compatible with the changing character of the neighborhood than the current structure. He said that the proposal will add substantial value to the property and will enhance the neighborhood. Plans to remove the lawn and replace it with environmentally -friendly landscaping is a significant improvement to the site conditions and reduces the impact on • the surrounding properties and wetlands. There is adequate land area to provide sufficient parking and setbacks. The Architectural Review Committee of New Seabury has approved the proposal. The Conservation Commission approved the proposal and issued an Order of Conditions on July 23, 2012. A Title 5 septic system was installed in 1994 on the subject property. The Board of Health is restricting the proposal to four bedrooms. Attorney Kirrane stated that, in the past, the Board has not deducted coastal bank from the total land area to calculate lot coverage. He said that the coastal bank runs through 166 Waterway and 172 Waterway. Using that formula, Attorney Kirrane said that proposed lot coverage, excluding vegetated wetland would be 21.46%. Excluding the coastal bank and vegetated wetland, proposed lot coverage would be 32.5%, which the Board said is excessive. Mr. Furbush read Section 174-31 of Mashpee Zoning By-laws, footnote 16: Any water or wetland, as defined under M.G.L. C.131, §40, any existing or proposed street or any roadway, right-of-way or easement twenty (20) feet or more in width may not be counted toward lot size for the purpose of calculating maximum lot coverage. The Board discussed lot coverage calculations at great length. Mr. Blaisdell said that it was his understanding that wetlands can be included up to the mean • high water mark. 2