09/24/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 3 September 24, 2008 Daniel Aver: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to build a three -season room and a deck on property located in an R- 3 zoning district at 11 Oneida Avenue (Map 65 Parcel 44) Mashpee, MA. Attorney John Kenney and Steve Cook, Architect from Cotuit Bay Design represents the applicant at this hearing. They are seeking a variance for setback relief in order to add additional living space to the first floor. The tot is burdened with all frontages which require 40 foot setbacks. The existing dwelling is non -conforming and in order to have any additions constructed the applicant will need a variance. Steve Cook presents his plans to the Board and shows where the relief will be needed. Attorney Kenney explains to the Board that there would be no building envelope left if all the zoning were conformed to. The Board reviews the plans and try to suggest some alternatives to reduce the variance request. Jonathan Furbush • suggests moving the deck around — Mr. Cook says that they would lose the use of the deck should these suggested changes be made. There is limited movement for any acceptable changes. Mr. Cook says that the bulkhead is in the way and there is only one window for an egress. They discuss the one foot offset and the Board is reluctant to give a variance of 39 feet — it would send a message that they are not comfortable with. Attorney Kenney says that the lot line abuts a road that will never be developed and there are no abutters that are concerned. They all discuss various suggestions to reduce the variance request. Jonathan Furbush also suggest making the room round and changing the pitch of the roof. Mr. Cook says that he can make soiree compromises after he speaks with his client. The Board discusses the shed and how far off the lot line it needs to be — they ask Mr. Stevens if it needs to conform to frontyard setbacks or can it just sit 5 feet off the lot line. It is determined that the applicant will need a variance for the shed if it stays in that area. The Board would like to see revised plans before they grant anything. The matter will be continued until October 8, 2008 at which time the new plans will be submitted and the Board is in agreement to grant the variances with the compromises they have come up with. All agree. So moved.