12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES DECEMBER 12, 2012 • • Eastbound Land Surveying, Inc. plan entitled: Certified Plot Plan, Carl'oni Residence, 72 Pimlico Pond Road, Mashpee, MA. Date: 11-30-12. • Document: 1,180,365 entitled: GRANT OF EASEMENT and recorded at the Barnstable Land Court Registry on 12-19-2011. • Because the ZBA will not grant further Variance relief, development of the parcel shall remain in compliance with setback to water and wetlands; and with front setback requirements of 40; side and rear setback requirements of 25 feet. • Development of the subject property shall not exceed 20% lot coverage. • Conservation Commission approval. • Board of Health approval. Mr. Furbush seconded the motion. Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Dorsey, yes. Mr. DeBarros, yes. Vote was unanimous. Nicholas S. and Ann K. Mabardv: Request a Written Finding under §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of non -conforming structures to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 2 Rock Island Road (Map 123 Parcel 17) Mashpee, MA. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and Ronald S. • Bonvie, and Associate Members John M. Dorsey and Domingo K. DeBarros. Nicholas S. and Ann K. Mabardv: Request a Special Permit under § 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non -conforming structures to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 2 Rock Island Road (Map 123 Parcel 17) Mashpee, MA. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and Ronald S. Bonvie, and Associate Members John M. Dorsey and Domingo K. DeBarros. Attorney Kevin M. Kirrane represented the Petitions along with Mr. Mabardy. Attorney Kirrane stated that while the existing dwelling is assessed at only $50,000, the land is assessed at nearly $450,000. He stated that the surveyor was not aware of Town Counsel's opinion that the buffer zone cannot be used toward total lot coverage. The subject property contains 4,000 square feet of land and existing lot coverage is actually 31.5%. The existing dwelling does not conform to the side setback requirements of 15 feet. It exceeds the 20% lot coverage requirements. Current setback on one side is 3 feet; setback on the southeasterly side is 10.7 feet. The front setback is approximately seven feet from the 40 -foot wide easement and is in excess of 20 feet from the paved surface of the easement. Plans call for demolition of the existing dwelling. The new dwelling will be 3.5 feet • further away from the northeasterly side setback. Other improvements include replacement of the old cesspool with installation of a new Title V septic system. Another significant enhancement will be a new dwelling that conforms to current P