05/11/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 May 11, 2005 Lisa Drake: Requests a Special Permit from Sections 174-17 and 174-20 of the Zoning By-laws to alter a pre-existing non -conforming structure and demolish and rebuild a new dwelling on two lots to be combined on property located in an R-3 zoning district at 413 Monomoscoy Road (Map 124 Parcel 60) Mashpee, MA. Lisa Drake: Requests a Special Permit from Sections 174-17 and 174-20 of the Zoning By-laws to alter a pre-existing non -conforming structure and demolish and rebuild a new dwelling on two lots to be combined on property located in an R-3 zoning district at 417 Monomoscoy Road (Map 124 Parcel 59) Mashpee, MA. Lisa Drake: Requests a Variance under Section 174-31 of the Zoning By-laws to vary the setback requirements in order to build a new 5 bedroom dwelling on property located in an R-3 zoning district at 417 Monomoscoy Road (Map 124 Parcels 59 and 60 to be combined) Mashpee, MA. Sitting: Robert Nelson, Frederick Borgeson, Marshall Brem, Evano Cunha and Jonathan Furbush. Attorney Theodore Schilling represents the applicant at this hearing. They are seeking special permits for both 413 and 417 Monomoscoy Road to tear down both existing dwellings and rebuild one new dwelling on the newly combined lots. Both dwellings and lots are pre-existing non -conforming. The new lot will have a total of 32,000 square feet • just short of the required 40,000 square feet for the R-3 zoning district. They plan to construct a 5 bedroom, 4,824 square foot house that will maintain 15.9% lot coverage, well under the 20% maximum allowed. Mr. Brem and Mr. Borgeson ask if the wetlands are included in the total square footage of the lot and the engineer mentions they are not. They will be able to meet the setback requirements except in one area on the northerly side which currently exists at 5.5 feet and will be 8.3 feet with the new dwelling. Although the proposed dwelling makes it less non -conforming it is still less than the 15 foot requirement. Petitioner has also filed for variance relief with regard to this matter and for lot size and frontage requirements. The height of the house will be 34.6 feet at its highest. It also appears that there are frontage issues. Mr. Brem mentions that he has a problem with giving a sideline variance with such a large lot and feels something could be cut back. Mr. Schilling discusses the fact that they are actually making this less non- conforming than what is currently there now and that his client is trying to take advantage of the view to the best of his ability. Mr. Nelson mentions that cantilevering may be a possibility since the deck is what the problem is. Mr Brem says he has no problem with that as long as the foundation is not up to that point. Mr. Schilling agrees that the deck will be cantilevered two feet which is the maximum amount allowed. Assistant Building Inspector Charlie Maintanis feels this would be acceptable to the building department. The Board of Health has approved these plans as well as conservation. Frederick Borgeson moves to grant the special permit for 413 Monomoscoy Road. Marshall Brem seconds the motion. All agree. So moved. Mr. Borgeson moves to grant the special permit for 417 Monomoscoy Road. Marshall Brem seconds the motion. All agree. So moved. Mr. Borgeson moves to grant the following variances: • ✓ 49.75 foot frontage variance ✓ 9,640 square foot landspace variance