03/12/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Jay J. Derenzo and Elizabeth A. Derenzo, Trustees 134 Popponesset Island Road (Map 112 Parcel 8) Mashpee, MA 02649 FINDING-2014-14 The existing dwelling is a non-conforming structure that fails to meet the 50 foot setback from the wetlands and also exceeds the allowable 20%lot coverage. The Derenzo's are proposing to remove their ranch style structure that dates back to the 1960-1970's and replace it with a new dwelling with five bedrooms. They also are proposing to install a new pool removing the existing raised patio and pool, and will retain the pier, dock, and float complex. This proposal also involves the installation of a new Title 5 septic system which will be located in the front of the proposed structure. The existing lot coverage on this property, raised patio, pool and pool house consists of 25.68%. The proposed lot coverage will be 25.03%which is a 1.5 feet reduction of the existing lot coverage. He stated the dwelling will conform to the side yard setback requirement of 15 feet; it's 15.7 feet on one side and 15.8 feet on the other side. The dwelling will comply with the 40 foot front yard setback requirement depicting 43.5 feet from Popponesset Island Road. Although it does not comply with the 50 foot wetland setback requirement, it will improve by 2 feet with the proposed new pool at 23 feet reducing the overall lot coverage by more than 1.5%. This proposal has been approved by Conservation, and the five bedroom septic system was approved by Board of Health. Mr. Kirrane stated the substantial increase in value, and the overall improvement of the structure will conform to current day zoning requirements. It will be a substantial upgrade to the property, and will not result in a substantial detriment to the neighborhood. There is also plenty of parking on site, and other than the setback to the seawall, the project complies with all other setback criteria. Mr. Furbush asked if most of the dwelling is on flood zone Al elevation 11. Tim Luff, of Archi-Tech Associates stated the flood line goes along the seawall and in front across the two garages, and will have flood vents, but the elevation of the mud room is above elevation 11 and will have a slab. It was designed so the basement is not in the flood zone. Mr. Furbush asked if there will be a problem with the bottom of the stairs showing 13.9 feet along Lot 49. Mr. Kir7ane stated there is no issue because the stairs do not have to comply with the setback criteria. Tim Luff stated he spoke to Tom Bunker, Engineer, BSS Design and the landscape architect "massaged" the grades and elevations by eliminating the step, tweaked the platform, and will redesign it to comply with the 15 feet setback requirement. Mr. Goldstein read a letter into the record dated March 6, 2014, submitted by Catanzaro and Allen, Attorneys, stating they represent the abutters at 140 Popponesset Island Road, objects to the project. Mr. Furbush read an email dated March 12, 2014, from Gerry Carroll summarizing he objects to the project. 2