01/12/2022 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Jody Simes and Alexandra Simes 30 Sand Dollar Lane (Map 105 Parcel 84) Mashpee, MA 02649 SP-2022-02 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. 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. At the previous hearing, the plans depicted an entire second floor, and the revised plans now depict the second floor cut back leaving all the interior space as a half story space qualifying under the provisions of the bylaw as a half story. On the site plan there were two changes, one there is no need for the walls that were shown on the previous plans because given this scenario,there are no worries about the basement,and is now considered a story. There is no need to bring in fill or to argue that it is a half story. The second issue was the garage structure that was in front of the building between the home and Sand Dollar Lane that was originally attached to a pergola to the home, and is now attached to the building, and the pergola was removed. At the last meeting it was demonstrated that most of the setback criteria had dramatically improved. Some only with slight improvement, but now it 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. Dave Morris, Building Commissioner said when this project was first presented it had retaining walls all around the whole house and seemed to be 8 ft.tall. He said that the new plan now has many changes. 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 to determine if this a true half story above grade. He believes it is approximately 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. 3