02/09/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 9,2022 The second issue; the garage structure that was in front of the building between the home and Sand Dollar Lane was originally attached to a pergola to the home is now attached to the building, and the pergola was removed. At the last meeting it was demonstrated that a lot of the setback criteria had dramatically improved. Some only with slight improvement, but now that this is a 2-1/2 story building as opposed to a 3-story building,the Board would be well in its jurisdiction and discretion to make a determination that what is being proposed is not substantially more detrimental to the neighborhood than what currently exists. Attorney Kirrane noted that the Conservation Commission approved the landscape plan, and the septic design concerns raised by Glen Harrington, Board of Health Agent had been resolved with respect to the garage plan that is now attached to the building. Chairman Furbush asked someone to provide the definition of a half story in regard to the newly designed building on the revised plan. Attorney Kirrane said that the revised plan is a result of the conversation that Mr. Dauphinais had with Dave Morris, and he believes based upon the knee walls, and the square footage of the floor above the floor below now qualifies. Dave said when this project was first presented it had retaining wall all around the whole house, and seemed to be 8 ft. tall. He said that the new plan now has many changes. In regard to the South elevation the only retaining wall is located at the driveway and is a reasonable height into the embankment. The area near the foundation does not have a retaining wall except the area near the flood plain design level. He said it has improved significantly. The basement is now the first floor and is above the design level. The second floor is fine, the third floor is the question before the Board, is this a true half story above grade. He mentioned that it does not exceed two thirds of the floor area of the story immediately below. He believes that there's about 55%. The last item that the Board needs to decide is that any exterior wall of said half-story shall be setback a minimum of two feet from the wall plain of the story immediately below it. The roof line that divides the wall would be allowed. The question is if the area is considered a dormer or a wall. Jonathan questioned the right side of the West Elevation plan depicting the straight wall that looks like the roof is set in. He asked if it is considered a half story or not. Mr. Gallagher said that the roof gives that as an optical allusion as set in, but is not set in. He said that the roof sticks out from the wall. He said that the bylaw was originally written typically called for two and a half stories, the roof area would be the half story that is occupied. But it allows for an exterior wall,and should have meant interior,and was written wrong. He doesn't believe it meets the 2 ft. setback and does not meet the bylaw as a half story. The vertical exterior wall has to be set back two feet. 2