05/13/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 May l3, 2009 • Shane Caizzo: Requests a Special Permit from Section 174-17, 174-20 and 174- 24C of the Zoning By-laws to raze and replace the dwelling on property located in an R-3 zoning district at 8 Chart Way (Map 106 Parcel 16) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and John Dorsey. Attorney Kevin Kirrane of Dunning and Kirrane represents the applicant. They are before the Board to obtain a special permit for a raze and replace. The present structure is sited on two single residential lots that were combined and they are proposing to replace it with a new, larger dwelling with newer more efficient features. They also wish to install an in -ground swimming pool. The current dwelling is a pre-existing non -conforming structure and while the new dwelling does not meet the current zoning, it is not more detrimental to the area and they have sufficient parking and setbacks. The lot contains 21,658 square feet and has frontage of 153 feet. The current dwelling sits inside the wetlands resource area and does not meet the requirement for a 50 foot setback to the coastal bank. The new dwelling will not be any more detrimental that what currently exists. The current setbacks will be improved with the existing cell pool will be replaced with a new Title V system. The frontyard setback is proposed to sit 30.1 feet back from the street due to accommodations that have been required by the Conservation Commission. One of the suggestions that Conservation made was to detach the garage and put it in the front of the house in order to put it farther back from the coastal banks. The Board discusses this idea and it is determined that they do not want the garage detached from the house. This will then create a frontyard setback issue as well as putting a garage right in the front of the neighbors bedroom window. Patricia Bell - 45 P0000nesset Island Road: She is in favor of the project and feels this would be an improvement to the area. William Cohen — 9 Chart Wav: Has worked with applicant to share his concerns on privacy, setback issues and the outside noise that any mechanical equipment may present. They have come to an agreement and he is in support of this project. Steve Bell — 45 P0000nesset Island Road: He is happy the Board does not want the garage attached as it would literally have been right in front of his bedroom window. Additionally, the Board discussed a parking pad on the cul-de-sac and Mr. Bell would disagree with having that exist near his house. is Mr. Cohen again addresses the Board asking how they can incorporate the agreement that he and Mr. Caiazzo came up with. It is decided that the restriction will be written into the decision and will read "there shall be no visible