08/12/2009 ZONING BOARD OF APPEALS Minutes

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;a. L Mashpee Zoning Board of Appeals Minutes 2 August 12, 2009 for 3 years — to expire February 15, 2013. seconds the motion. All agree. So moved. Jonathan Furbush New Public Hearinas Jeffrev L. Shames: Requests a Special Permit from Sections 174-17 and 174- 24c of the Zoning By-laws in order to alter and expand a pre-existing non- conforming structure on property located in an R-3 zoning district at 21 Bowsprit Road (Map 105 Parcel 226) Mashpee, MA. _ Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Peter Hinden. Attorney Kevin Kirrane represented the applicant at this hearing. Jerry Darrah Polemus, Architect is also present for the applicant. They are seeking a special permit in order to change/alter the pre-existing non -conforming structure. They are seeking to add approximately 100 square feet of living space by adding additional decking and a boardwalk in the front of the dwelling. This will increase the lot coverage from 23.3% to 23.7%. Applicant is proposing 2 modest additions and one modest deck addition. These proposed additions will not make the dwelling any closer to the wetlands. The Board discusses the Findings of Fact and criteria for issuing that. Mr. Nelson mentions that there is potential situation whereby it has been questioned whether or not a variance is needed when changing the non -conformity of setbacks and not just using a special permit to do so. Attorney Kirrane explains the application of the by-laws are such that these changes can be made thru the request of a special permit so long as the non -conformity already exists and the applicant is not creating a new one. Mr. Nelson suggests taking a foot off around the deck to keep the lot coverage at the original 23.3% since the Board is not happy with an increased lot coverage, albeit only .4%. The Board reviews the plans and makes suggestions on the how to reduce the addition. They also discuss the parking and it is decided that they want parking for 3 vehicles. They feel the boardwalk is impeding the parking issue. Attorney Kirrane tells the Board his client would agree to removing the small 35 square foot addition to reduce the lot coverage to 23.5% and he feels that is a very small increase. The Board agrees this would be acceptable but would like to have new plans drawn up to see the change in the boardwalk and the removal of the agreed square footage. They agree to continue the matter until August 26, 2009 at which point new plans will be submitted for the Board's approval. Kevin Kirrane will not be available at that