09/22/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 5 September 22, 2004 many concerns over the grade and height of this proposed dwelling. Most of the Board members have visited the site to see the property and to compare other dwellings to the proposed structure currently before the Board. Mr. Grotzke and Mr. O'Neil discuss the grade and how it will actually look from the waterside with Mr. Regan and other board members. Mr. O'Neil submits many pictures of mitigating plants that will soften the exterior of the proposed retaining wall that concerns Mr. Regan. With the first floor beginning at almost 7 feet, the Board is very concerned about the aesthetics of the dwelling from the neighbor's standpoint. Mr. O'Neil tells the Board he has done this many times with very good results as he plans to plant those types of bushes and grade away from the dwelling. The height of the house will be at 34. 9.5 feet just at the maximum height of 35 feet. The Board reviews and contemplates for quite some time on the other houses in the immediate area. The proposed house is large at 3,700 square feet, however, there are many larger homes in the immediate vicinity. The lot coverage will not be an issue. After much discussion back and forth, Mr. Kirrane concedes that his client would be willing to relocate the boathouse for Mr. O'Neil to gain 10 feet or so. The Board agrees and would like to see this done in some revised plans. Mr. Kirrane also informs the Board that Mr. White, the neighbor to the right, has been involved with discussions on these matters. Also, the applicants will be keeping their brush and vegetation cut down so as not to interfere with the White's water view. The Board would like to see new plans with the things they have discussed implemented on them. Mr. O'Neil will provide these plans and asks that the Board continue the matter until the next hearing. The Board votes to continue this matter until October 13, 2004. All agree. So moved. George Lumsden: 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 another structure on said property and build a new 4 bedroom dwelling on property located in an R-3 zoning district at 31 Bayview Road (Map 119 Parcel 122) Mashpee, MA. Sitting: Robert Nelson, James Regan, Zella Elizenberry, Richard Guerrera, and Marshall Brem. Present: Frederick Borgeson. Attorney Kevin Kirrane represents the petitioner at this hearing. He is seeking a special permit in order to demolish part of the existing non-conforming dwelling and also alter the dwelling. There are currently 2 separate dwellings on the property and they are proposing to make them into one 3-bedroom dwelling with a one-bedroom apartment above the garage—one structure with one septic system. The Board discusses the fact that this should be looked at as an accessory apartment however it was not filed as such. Mr. Kirrane feels this should be done with a special permit since this property is grand fathered and he want to maintain the same rights his client currently has with the property as it is. The applicant has owned this property since 1948 and they would like to upgrade it to make is nicer. The current septic system is 10 years old and accommodates the proposed dwelling. There is a letter in the file from Henry and Susan Bode regarding saving as many trees as possible and Mr. Regan reads that into the record. Also comments from: