12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES • DECEMBER 12, 2012 building code requirements. While the -existing dwelling sits on the ground, the new dwelling will have a foundation. Lot coverage will decrease from 31.5% to 30.9%. With all of the proposed improvements, Attorney Kirrane said that the proposal is not substantially more detrimental than what currently exists. He stated that the proposal is a modest -sized home that will fit in well with the other homes in the neighborhood. There is adequate land area to provide parking and setbacks. Board of Health Comments: In Zone I1. The Board of Health has no information on file regarding this lot. A housing inspection is required by an agent of the Board of Health prior to demolition of the dwelling, as the number of existing bedrooms must be verified. The new proposed dwelling will be restricted to the number of bedrooms documented during the housing inspection. This project is not within Conservation Commission jurisdiction. Mr. Furbush said that he was concerned that the proposal is so much closer to the street and does not line up or fall within the average setback of the other homes on the street. He stated that the proposal is too large for the small lot and should be scaled down. Attorney Kirrane said that he has never known the ZBA to demand a Petitioner to build a smaller dwelling on a lot than what currently exists. He said that 20% lot coverage of a 4;000 square -foot lot is only 800 square feet for a dwelling. is Attorney Kirrane said that his presentation centers on the fact that the proposal is not looking for more lot coverage than what currently exists. Mr. Forbush said that he agrees, but the Board has never allowed 31 % lot coverage. C Mr. Blaisdell reiterated Attorney Kirrane's argument: the proposal will reduce the non -conformity in lot coverage and one side setback. Letters from abutters Henry and Dee Sockbeson, 294 Shore Drive; Peter and Sharon Readel, 22 Pine Avenue; Walter Dardano, 14 Rock Island Road; Paul Dardano, 23 Pine Avenue; and Jeremy Carter, 7 Pine Avenue, were read into the record with objections to the following: • Inclusion of the buffer zone toward calculating total lot coverage. • Exceeding 20% lot coverage. • Exceeding the average setback of other homes on the street. Mr. James Collins, of 4 and 6 Rock Island Road, said that he has lived there for 40 years and has been Mr. Mabardy's neighbor for 30 years. He stated that there is a 15 -foot building line identified for plans on Rock Landing Road and showed the Board a map of the road dating back to 1941. Mr. Collins digressed into a discourse about the Wilson and Rawan properties, patios being counted as part of lot coverage, septic systems and opined that the proposal does not have to encroach into the building line in order to accommodate the new septic system. 7