1/10/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONINGBOARD OF APPEALS MEETING MINUTES JANUARY 10, 2018 Attorney Devin Iirrane represented the application for the specific findings for the raze and replace project, Also present was Kieran Healy of BSC Group, Denise Bonoli, Architect, and the homeowner, He said this hearing had been continued a couple of times, and has been through the Conservation Commission, and their decision has been appealed by an abutter. The project was approved by the Board of Health agent, and was also appealed by an abutter. He said this property sits on a lot that consists of 11,259 square feet. The side is situated between two streets and has 140 ft. of frontage on Seaview Avenue and 160 ft. of frontage on Overlook Knoll load. The lot is relatively flat until it rneets the top of the coastal bony at which time it descends down to the sea level. The site is currently improved with a 3 bedroom ranch style structure that has approximately 1,000 sq. ft. of interior living space. There is an exterior car port and deck as part of the structure, and the car port currently occupies 14.2% of the site. The structure is non-conforming giving that it fails to meet the side line setback criteria of 15 ft. and it is currently the sideline is 13.1 ft.The street frontage _ is at 15.1 ft,and should be 25 ft.It also fails to meet the 50 ft, setback from wetland resource areas, currently at 35,6 ft. Attorney K.irr ane, said as indicated, the applicants are proposing to raze and replace the existing structure and in doing so, the new structure will improve the non-conforming conditions. The sidelines will be increasing from 13.1 ft. to 13.2 ft., the front yard will be at 15.1 versus the new front yard at 15.5 ft., and the wetland will move from 35.6 ft. to 36 ft. Attorney Kirrane provide the Board with photographs of the homes in the neighborhood and said it has developed into year round living. The building being proposed is not much larger than the current footprint. It is under the maximum allowed percentage lot coverage being at 19.74% of the lot area. The structure will be replaced with an upgraded septic System, and will campy with current day code requirements. The project has been approved by the Conservation Commission and Board of Health Agent. He suggested that the Board consider the proposal and there are no new conformities and suggested that the project is not more substantially more detrimental to the neighborhood than what currently exists} and has adequate parking as required. Mr, Furbush addressed the Board and audience, and wanted to know if there was any end in sight to the appeals filed with Conservation.and Board of Health Departments.He would not like to make a ruling until th6 appeals are cleared up, and suggested that the application be withdrawn without prejudice. Mr. John Lynch approached the Board and mentioned the several meetings that this case has been discussed. He believes that the case has been prolonged and wanted the Board to male a decision based upon the fact that a variance is required under the bylaw. 3