03/10/2010 ZONING BORD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals March 10, 2010 Joann Wilson: Requests a Variance from Section 174-31 of the Zoning By-laws for • permission to vary the side setback and lot coverage requirements in order to replace a pre-existing, non -conforming structure on property located in an R-3 zoning district at 12 Rock Island Road (Map 128 Parcel 24) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, William Blaisdell, John Dorsey, and Ronald Bonvie. Mr. Furbush read both Petitions into the record. Attorney Kevin Kirrane, Engineer John Slavinsky, and Architect Michael Jimerson attended the meeting along with the Petitioner, Mr. Michael Wilson. Attorney Kirrane recapped some of the information presented at the last two public hearings on these Petitions: 1. the subject lot consists of 9,000 square feet with merging of the buffer lot. 2. the subject lot consists of 7,000 square feet with the By-law definition of a lot area exclusive of any road or street that is situated in the lot. 3. the subject lot consists of 7,260 square feet according to a land court plan dated in 1964. Mr. Nelson said that Town Counsel and the Board conducted extensive research'on this particular situation and that the opinion is that the subject lot is 6,000 square feet. The first plan presented by the Petitioner included the cantilevering and consisted of 1,700 square feet for 28.3% lot coverage of a 6,000 square foot lot. The next plan • proposed 1,528 square feet, which constituted 25.5% lot coverage of a 6,000 square foot lot. Attorney Kirrane presented a plan to the Board with a proposed dwelling consisting of 1,450 square feet for 24.1% lot coverage. of a 6,000 square foot lot. He urged the Board to use fairness in rendering this Decision. Mr. Nelson brought up the land court plan dated in 1941 which shows Rock Island Road as a 40' way. Attorney Kirrane said the current plan calls for a dwelling that is 29 feet wide and 50 feet long for a total of 1,450 square feet. The dwelling would be situated in the middle of the lot and have 10.5 foot side setbacks, which would be an improvement on the setbacks of the current dwelling. No cantilevering is proposed. The master bedroom on the first floor is essential in order to accommodate the Petitioner's health issues and the eventual need for handicap access. This dictates the need for the proposed layout of the dwelling. Mr. Dorsey said that several homes in the neighborhood have been granted permission to exceed the lot coverage requirements. He said that he did not have a problem with the proposal. Mr. Nelson read the letter from Building Commissioner Richard Stevens which included the following comment: "...we need to clarify just where the `Horizontal Cross Section of structures' is taken for calculating lot coverage. Is it at the foundation, mid-section, i•