9/14/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 14, 2016 13 Compass Circle: Owners, Paul S. and Margaret K. Hovsepian request a Variance from the side -yard setback, and lot size requirements under § 174-31 and § 174-33 of the Zoning Bylaws to raze and replace a single-family home and garage on property located in an R-3 Zoning District, Map 105 Parcel 257-0-R, Mashpee, MA. Chairman Furbush and Board Member, Scott Goldstein stepped down from this hearing. Mr. Blaisdell is acting Chairman along with the remaining Board members. Attorney Brian Wall represented the homeowners for this project. Also present was Tom Bunker from BSS Design, Harry Capone, Architect and the homeowners. Mr. Wall stated that the homeowners would like to either modify the two existing variances, or the alternative, to have new variances issued because the existing structures that exist today were approved under the existing variances previously granted. The lot was created back in 1963. It's non -conforming because it has 24,000 sq. ft. where 40,000 is required, and it has 75 ft. of frontage and 150 is required. The boundaries of the lot were changed back in 1988 by a land swap. He believes the land swap was done because an existing structure was built on the neighboring lot and was built right on the property line. Mr. Bonvie asked if this lot was created by a Form A or a deed, and was the square footage reduced. Mr. Wall said it was both a Form A and a deed; the Form A was to change the lot lines. The frontage remains the same and the lot area remained the same. It was a square footage swap one for one basically to provide the abutting property some land to create a setback and give equal land for both lots. The lot is non -conforming as to area and frontage. The changes to the lot lines do not change area or frontage. The existing house was built in 1969, and complies with front, rear and side yard setbacks as well as lot coverage requirements. The house is closer to the wetland than 50 ft., and as a result the house does not comply with the 50 ft. setback. This was authorized back in 1987, and is included in the proposal. The existing garage was built in 1995, it similarly complies with front and rear setbacks, but is only 7.4 ft. from the side lot line with does not comply with the 15 ft. side yard setback required by Section 174-31, but similarly was authorized by a Variance issued in 1995, and that was also included in the proposal. They would like to raze the existing home and garage, and replace with same size structures in the same footprint. The existing setback is 39 ft. the proposed is 42 ft., but there is a cantilevered deck. The new structure will be elevated above the flood plain and will comply with flood hazard requirements. The existing elevation is 10.4 ft. and the new elevation will be 12.5 ft. 9