10/27/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES October 27, 2010 the proposal will conform to the rear/side setback requirements. Lot coverage will be • reduced from 25% to 21 % lot coverage. Parking will be relocated from Monomoscoy Road onto the property with access to the garage from Overland Road: The Board commented that relocation of the'parking area and removal of the unsightly carport will be a vast improvement. Architect John W. Priestley, Jr. explained the reason for the discrepancy between the lot coverage calculations as shown on the engineer's plan and on his plan. Mr. Priestley said that his calculations do not.include the outside second -floor staircase, which the engineering plan included as part of the lot coverage. Building Commissioner Richard Stevens confirmed that the proposed stairway leading to the second level is allowed within the setback area because it is a means of egress. Attorney Kirrane respectfully requested a Finding of Fact from the Board that the proposal results in a change that is not more substantially detrimental than the existing non -conforming structure to the neighborhood and that there is adequate land area to provide sufficient parking. The Board questioned if the Petitioner needed Conservation Commission or Board of Health approval. Mr. Junqueiro said that the property is more than 100 feet from the wetlands. No changes will be made to the existing septic system. Mr. Junqueiro said that • the Petitioner must receive prior approval from all of the appropriate departments in order to apply for the building permit. No comments were received from abutters Mr. Blaisdell made a motion to grant a Special Permit and Finding of Fact under Sections 174-17 and 174-20 of the Zoning By-laws and M.G.L. Chapter 40A Section 6 for permission to demolish. a pre-existing, non -conforming structure and replace it with construction of a single-family residence. The Board's findings: • The change shall not be substantially more detrimental than the existing, non- conforming structure or use to the neighborhood. • There is adequate land area to provide sufficient parking. This is conditioned upon compliance with JC Engineering, Inc. plan entitled: "Proposed Site Plan at 207 Monomoscoy Road Mashpee, MA Prepared for: Capewide Enterprises Date: September 28, 2010". Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Dorsey voted yes. The motion was passed unanimously. Mr. Blaisdell made a motion to grant the following: • A Variance of 2.8 feet from the side setback requirements. •0 A Variance of 24.5 feet from the front setback requirements from Overland Road.