06/08/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 6-8-05 • Chervl Eastwood: Requests a Special Permit from Sections 174-20 and 174-45.4 of the zoning by-laws in order to raze and replace a structure, to add a detached accessory apartment and to exceed the requirements of maximum square footage for an accessory dwelling on property located in an R-5 zoning district at 87 Hoophole Road (Map 57 Parcel 46) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Evano Cunha, Jonathan Furbush and Eric Dublirer. Attorney Brian Garner of Dunning and Kirrane represents the applicant at this hearing. They are seeking a special permit to build a detached accessory apartment. The Board reviews the plans and realizes that although the parcel of land in question is 3.81 acres, the applicant is proposing to tear down the existing shack and build a new house containing more than 4,000 square feet and a detached DWELLING containing more than 2,000 square feet. Attorney Garner gives some history on the application. The existing dwelling the applicant is proposing to tear down is less than 1,000 square feet and is truly a shack. The proposed dwelling will conform to all setback requirements although the lot remains non -conforming due to its lack of frontage on Hoophole Road. The new septic system will be an improvement to the neighborhood and the house will be setback farther from the wetlands thus conforming to zoning for that by-law as well. The accessory "apartment" is for the applicants parents who, without their financial, input, the project could not be accomplished. Ms. Rogers wants her parents to live on the same • property and feels they have plenty of land to do it. Attorney Garner states that the Board has granted two other detached accessory apartment permits in the recent past and feels the same should be afforded to his client. The proposed main dwelling will contain two stories within the allowable height restrictions and the accessory dwelling will be one story. The parcel under consideration is a lot resulting from a subdivision and subsequent gift by the prior owner of a 32 acre conservation grant to the Town as set out in an ANR Plan dated December 1, 1971 and recorded in Plan Book 256, Page 89. The by-law for an accessory apartment permits the addition to a principal dwelling unit so long as it is occupied by the actual property owner and secondary and incidental to the principal use of the owner's home. The Board may permit such relief provided they find the new dwellings will not be more substantially detrimental to the neighborhood that what currently exists now. The ZBA granted relief in 1998 to demolish and rebuild the proposed structure (or similar to the proposed structure). The permit expired before the applicant was able to proceed due to circumstances beyond their control. The Board also addressed the requirements of Section 174-145 by finding an conditioning that relief on the basis that the road be maintained at minimal standards of impervious surface, and a minimum width of 14 feet and a minimum vertical clearance of 13 % feet. Notwithstanding that construction never took place, the applicant has continued to maintain those standards until the present time and agrees to continue to do so if this permit is granted. The proposed structure would also be moved back from the Wetland Resource Area and will greatly exceed applicable front and rear -yard setbacks. A new Title V septic system will greatly enhance the antiquated system currently existing there • now. Mr. Borgeson asks Attorney Garner and Ms. Rogers (now speaking at this point as well) why this is not in the planning board to be subdivided. Ms. Rogers informs the Board _711414-