10/24/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS OCTOBER 24, 2012 MINUTES • At the September 12, 2012 ZBA Public Hearings, the question arose whether or not the subject property is in a cluster subdivision which allows 30% lot coverage. After several meetings on October 24, 2012 with Town Manager Joyce Mason and Town Planner Thomas Fudala, Building Commissioner Richard E. Morgan reversed his earlier determination. He agrees that the property located at 35 Waterline South Drive is located in a cluster subdivision and that applicable lot coverage is 30%. Mr. Fudala's memo dated October 24, 2012 is attached to these Minutes. Attorney Kevin M. Kirrane represented the Petition. Mr. and Mrs. Kalowski also attended the meeting. In order to accommodate their growing family, the Petitioner would like to construct a small 313 square -foot addition to the home. Attorney Kirrane said that the existing dwelling is non -conforming because it encroaches into the rear setback. It also encroaches into the 50 -foot setback to water and wetlands. The proposal is well below the 30% allowed lot coverage. The proposal will be closer to the westerly sideline setback. Ms. Lois Glass, the abutter most directly affected by the proposal, sent an email in favor of the proposal. Mr. Kalowski addressed the Board and said plans call for one of the existing bedrooms to be converted into a playroom for his grandchildren. The existing door to this room will be removed and replaced with a 6 -foot wide cased opening. • Mr. Reiffarth noted a discrepancy on the plans describing the dwelling as a four-bedroom house. Mr. Reiffarth said that any Decision in favor of the proposal must stipulate that the Petitioner shall submit a revised and accurate BSS Design plan describing the dwelling as a three-bedroom house. Architect Timothy Luff assured the Board that the revised plans will be submitted to the ZBA office. The Conservation Commission approved the proposal and issued an Order of Conditions on September 25, 2012. Board of Health memo: "NOT in Zone II. However, the existing leaching facility restricts dwelling to three bedrooms." No comments were received from abutters. Motion was made to grant the Written Finding. Findings: the proposal is not substantially more detrimental than the existing, non -conforming structure; it will be an improvement to the property and will conform to current building code requirements; it is compatible in size and character with other structures in the neighborhood; there is sufficient parking; there are sufficient setbacks as may be required by the Board. This Decision is conditioned upon compliance with the following: • Petitioner must submit to the ZBA office a new set of plans from BSS Design • depicting the dwelling as a three-bedroom home • Archi-Tech Associates plan entitled: Additions & Alterations to the Kalowski Residence, 35 Waterline Dr. South, Mashpee, Massachusetts. Date: 8/17/12. 2