08/08/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES • AUGUST 8, 2012 located in an R-3 zoning district at 172 Waterway (Map 111 Parcel 90) Mashpee, MA. Petitioner: Peter and Linda Connly. Conservation Commission approved proposal on 7/12/2012. Order of Conditions issued 7/23/2012. Board of Health comments: In Zone II, proposal restricted to four bedrooms. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, and Judith M. Horton. At the July 25, 2012 Public Hearings, Attorney Kirrane stated that plans call for demolition of the existing deteriorating dwelling at 172 Waterway. It will be replaced with construction of a four-bedroom, two-story dwelling. 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. It encroaches into to the setback to water and wetlands. Plans to remove the lawn and replace it with environmentally -friendly landscaping are a significant improvement to the site conditions and reduce the impact on the surrounding properties and wetlands. The Architectural Review Committee of New Seabury has approved the proposal. 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. A letter from abutter Paul Morgenstern at 189 Waterway was read into the record: My concerns regarding these Petitions are: 1. Written Finding. In my opinion, the proposed plans constitute a substantially more detrimental situation because it does not comply with front setbacks, side setbacks and wetland setbacks. The new house is more than twice the size of the existing building thereby greatly aggravating the existing non- conformance. 2. Variance. The proposed new building will more than double the lot coverage from 15.6% to 32.5%. The new house should not exceed the existing lot coverage of 15.6%. Attorney Kirrane stated that, in the past, the Board has not deducted coastal bank from the total land area to calculate lot coverage. Using that formula, Attorney Kirrane said that proposed lot coverage, excluding vegetated wetland, would be 21.46%. After a lengthy discussion, the Board decided to request Town Counsel opinion on how to calculate upland and wetland square footage and percentage of lot coverage. At the continued hearings on August 8, 2012, Attorney Kevin M. Kirrane, Architect Timothy Luff, and wetlands delineation expert Jack Vaccaro represented the Petitions. The prospective buyers of the subject property, Mr. and Mrs. Peter Connly, were also at the meeting. Attorney Kirrane said that discussions with Town Counsel, Conservation • Commission Agent Drew McManus, and wetlands expert Jack Vaccaro have confirmed that the coastal bank is not defined as a wetland under the State Wetlands Protection Act. 2