12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 14, 2011 MINUTES is The proposal calls for demolition and replacement of the 1,500 square -foot dilapidated structure on the subject property. Construction of a two-story, 2,000 square -foot home with an attached garage will replace the existing structure. The proposal conforms to the side and rear setback requirements, as well as the lot coverage requirements. Encroachment into the front yard setback will be reduced. The irregularly shaped property, situated on a cul-de-sac, contains significant sloping topography. Due to the impact of wetlands on the property and location of the existing Title 5 septic system, a small portion of the dwelling will be situated seven feet into the setback to water and wetlands. Attorney Kirrane said that replacement of the rundown structure will be a significant enhancement. Extensive mitigation planting will be another vast improvement. The proposed dwelling will be further away from the street than the existing dwelling. The new dwelling will be valued considerably higher than the existing structure, will generate more tax revenue for the Town, and improve the value of the properties around it. There is adequate parking and sufficient setbacks to accommodate this proposal. Attorney Kirrane asked the Board to determine that the proposal is not substantially more detrimental to the neighborhood than what currently exists. The unique site conditions, such as the wetlands and the significantly, sloping topography, impact the property and create substantial hardship for the Petitioner to meet setback requirements. Attorney Kirrane said that a family member of the Petitioner owns the abutting home most directly affected by the proposal. Attorney Kirrane requested Variance relief from the front setback requirements and setback requirements to water and wetlands. He said that desirable relief may be granted without detriment to the neighborhood and without derogating from the intent of the By-law. Mr. Reiffarth discovered an error on the plan concerning the proposed deck. He said that the calculations to wetlands should be from the comer of the deck, which is on sono tubes, and not from the house. The Board commended Mr. Reiffarth for discerning the mistake. Variance relief requested should be 13 feet, not 7 feet. No comments were received from abutters. Mr. Blaisdell made a motion to grant a Written Finding and a Special Permit. Findings: There is sufficient parking and setbacks; proposal is not substantially more detrimental than what currently exists. This Decision is based upon compliance with plans entitled: • "Site Plan 36 Fiddler Crab Lane, Mashpee, MA. Engineering by: Engineering Works, Inc. Surveying by: Warner Surveying, Date 4/26/11, Plan Revisions: 6/22/11, 9/28/11, 10/17/11". • Yarosh Associates, Inc. plan entitled: "Brennan Residence 36 Fiddler Crab Lane, Mashpee, MA. Date: 08-18-2011". Mr. Furbush seconded the motion. Mr. Reiffarth voted yes. Mr.. Bonvie voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous. • Mr. Blaisdell made a motion to grant the following Variance relief on the subject property: n.