02/24/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 24, 2010 Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, John Dorsey, William Blaisdell, and Ronald Bonvie. Mr. Furbush read the Petitions into the record. Attorney Kevin Kirrane and Engineer John Slavinsky from Cape & Islands Engineering represented the Petitioner. Mr. Michael Wilson also attended the meeting. Attorney Kirrane said that the proposed lot coverage was revised as suggested by the Board at the last public hearing in January 2010. He said that the 25.5% lot coverage calculation includes the proposed cantilevering. The foundation under the previous plan has been reduced from 35' x 50' to 28' x 50'. The first floor width was previously 34' x 50' and has been reduced to 30' x 50', removing two feet off each side of the first floor. One cantilever remains on one side. Attorney Kirrane said that the previous plan called for a foundation of 1,500 square feet which has now been reduced to 1,400 square feet. The first floor was originally proposed to be 1,700 square feet, and has now been reduced to 1,500 square feet — a reduction of 35% from the previous proposal. Attorney Kirrane said that, other than the 2' x 14' jog proposed in the back of the house, the lot coverage is essentially identical to what the Board approved at 17 Cross Street in the same neighborhood. He also said that the Variance is less than what the Board approved at 4 Pine Avenue. Attorney Kirrane referred to Town Counsel's recent opinion that the subject property consists of 6,000 square feet. The cross sectional coverage on 4 Pine Avenue was 25.9%. Including the cantilevering at 17 Cross Street, that cross sectional coverage was 25.1%. He said that the dimension on the plan that deals with the cross section includes any cantilevering on the above - referenced homes. Attorney Kirrane mentioned the small size of the lot. Mr. Slavinsky said that • 17 Cross Street is actually 56 square feet larger in structural lot coverage than this proposal. Mr. Nelson reminded everyone that these Petitions had been continued at the last public hearing in order to seek Town Counsel opinion. He said that he spoke with Town Counsel about Rock Island Road and that Counsel's opinion had not changed from a few years ago — that Rock Island Road is still a Way. Mr. Nelson said that Land Court Plan 08-37 does not indicate that Rock Island Road had been done away with, but in fact, shows Rock Island Road as a 40' layout abutting the front of Lot 4. Mr. Nelson said that anything on the other side of Rock Island Road would be removed from the lot coverage. Mr. Nelson said that Town Counsel referred to § 174-3 of the By-laws for the definition of a lot. It reads: "The whole area of a single parcel of land undivided by a street, under one (1) ownership, with ascertainable boundaries established by a deed or deeds or record, or a segment of land ownership defined by lot boundary lines on a land division plan duly approved by the Planning Board under the Subdivision Control Statute." In view of the foregoing, Town Counsel arrived at the 6,000 square feet for the subject property. Mr. Nelson referred to § 174-3 Lot Coverage, which reads: "The amount of area on a lot covered by the horizontal cross section of structures." Therefore, any cantilevered construction would be included in the lot coverage. Mr. Nelson said that he personally feels that the house is too big, but that would be a matter for the entire Board to decide. Attorney Kirrane said that the Petitioner is not asking for anything more than what the Board has recently granted to other homeowners in the immediate area. Mr. Nelson said that 4 Pine Avenue was a remodel of an existing house, while this proposal is slightly different with a complete tear down and rebuilding of a home. Mr. Slavinsky said that removing the 28 square feet from the back would result in less lot coverage than what exists at 17 Cross Street. Mr. Dorsey said that • no one seemed to have a problem with the back of the house.