04/09/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Stephen Chafetz (Owner of Record: Alexander MacLellan and Lynn M. MacLellan 403 Great Oak Road (Map 126 Parcel 48) Mashpee, MA 02649 V-2014-23 Mr.Kirrane explained the proposed home is a single-story residential structure with a walk-out. On the plans, he highlighted the previously approved structure in yellow, and highlighted the proposed structure in green. As indicated in his written comments, there is no activity taking place on the ground within the ACEC under the new design.As the Board previously approved, there was activity based upon the pilings that were beneath the deck that crossed into the ACEC area. The cantilevered deck is the only portion of the proposed residence that lies within the ACEC area. The pilings will support the deck some 4 feet on the side of the ACEC. This is an improvement on the design based upon what was previously approved which is the reason the modification will be such that the Board could consider minor and not requiring any further relief. The encroachment of the deck on the previously approved plan was in the ACEC, and was closer to the wetland resource area built over the buffer zone.The wetland resource area requires a 50 foot setback and a 25 foot setback from the ACEC. The previously approved design highlighted in yellow was situated within that 50 foot buffer. The new proposal is also within the 50 foot buffer, but not as much as an intrusion the Board previously approved. Mr. Kirrane stated Dave MacLean, Architect was present if the Board had any questions, and Mr. and Mrs. Chafetz were also present. Mr. Kitrane mentioned there was some concern the proposed dwelling is much larger than the Board had previously approved. Also included in his written presentation was Dave MacLean's schedule of square footages and the particular lot coverage. The previously approved square footage of the proposed structure was 2,932 square feet, which is 18% lot coverage. The proposed square footage is 2,975 which is a 42 square foot difference and still represents 18% lot coverage. He also pointed out that the 30% lot coverage is allowed under the Little Neck Bay Cluster Sub-division. This would comply in the applicable R-3 Zoning District. He stated other than the two variance requests the Board granted the property owner,which is under agreement with the Chafetz', the lot is not considered buildable unless relief was granted because of the 40 foot setback requirement. The hardship relates to the site conditions of this lot. The relief can be granted without detriment to the public good or the neighborhood. Mr.Furbush read the comments from Conservation Commission: "Most recent plan changes (smaller house/cantilevered deck) administratively approved at the March. 271h Concom hearing." 2