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 Kevin Dauphinais agreed that the dormer walls on the second floor were at a half story level, and are actually aligned with the story below it. When he spoke with Dave, he mentioned that he believed that the intent of the bylaw is to decrease the appearance of the volume of the half story relative to the story below it. Because of the steepness of the pitch - with a gambrel roof, and the fact that the roof line running across, you cannot see the first and second floor connected. They are actually decreasing the appearance of the volume of that upper story. That was the intent. He and Dave mutually understand the literal intent of the bylaw because very few homes with two and half stories such as a Cape style home would not be allowed because the gable end typically is continuous even setting the dormer wall back in. The bylaw does not make provision for using the gable end as an exception to that so even a Cape style home wouldn't meet the criteria of the bylaw. So some interpretation would have to be made for the intent of the bylaw. After that meeting,he felt they were both positive about this being a true half story. Mr. Dauphinais showed the Board the previous plan and explained that the upper story extended the entire length of the floor below. The proposed plan is almost 50% in length even though they would be allowed 66% of the length. They are trying to be sensitive to the neighborhood by constricting the view angle of the second floor but using the roof line to break up the volume of that story so that they can align the dormer walls with the wall below it. If the Board is asking to pull the dormer wall back 2 ft. that would make the building longer to get essentially the space they want on that upper level which would be at a disadvantage to the abutters. Mr. Furbush polled the Board asking for their opinions. Mr. Reidy understood the criteria, and that the upper story would be no more than two thirds in floor size of what is below it. He believes what was proposed, and what was revised has more than complied. Mr. Dauphinais said that the two-thirds is actually relative to two separate areas, it's the overall length of the half-story or relative to the story below it. It complies at 55%. Also the floor area of that half-story cannot be more than two-thirds of the floor area below it, and this also complies at 55%. The only area that there is ambiguity is the two foot offset. He said it would be extremely difficult to design a house to meet the criteria on all four sides of this project. He reiterated that a Cape style house would not meet that criteria. Mr. Furbush read an email sent by Evan, Town Planner dated February 8, 2022 that was sent to Dave, and Chris Gallagher as well. Mr. Blaisdell believes that the intent of the bylaw is to make sure that the wall doesn't exceed two-thirds of the floor below it. He believes that this house does not exceed that at 55%. He said this meets the intent of the bylaw. 4