04/09/2014 ZONING BOARD OF APPEALS Decision

Home Browse Search

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-2014-24 Mr. Furbush read a letter sent from Frankie Drew, Manager of the (ARC) Architectural Review Committee; "The ARC reviewed the design of the new home to be built at the above referenced address. We have no issue with the design of the home and approved it on a preliminary basis. We have a few issues to work out i.e. roof color,use of window materials to be discussed, and a certified Site Plan for the Committee to review for setbacks. We feel that none of these issues will be a problem to work out with the Chafetz' and final approval will be given. We understand that the ZBA hearing is scheduled for April 9, 2014 and their attorney will be issuing a packet of information, including this email, in that packet on March 14, 2014." Mr. Furbush read a comment from Catherine Laurent dated Wednesday, April 9, 2014; "Please advise the Board that the above applicant, if the requested variances are approved, shall require a Curb Cut Pen-nit from the DPW prior to any work being performed on the property and/or issuance of a building permit." Mr. David McLean, Architect stated the research he did on the lot was originally developed in 1974 with the Tide Run Cluster Sub-division. At the time, there were four lots along Great Oak Road. According to the President of New Seabury, who owned the water district in that area, had a water main installed and it short cut across the marsh to reach Little Neck Bay. The two lots to the West are now unbuildable because the water main curves down the center.He stated the foundations for the deck are now 5.5 feet further back from the resource area that was previously approved. The big difference is the scale of the house relative to the neighbor's house which is quite larger; 2.5 stories with a walk- out. The proposed house is one story with a walk-out similar to the New Seabury homes. GENERAL FINDINGS: The subject property located at 403 Great Oak Road is approximately 19,176 square feet. VARIANCE CRITERIA: The Board notes the provisions of G.L. c. 40A, §10, which provide that a variance may be granted due to circumstances relating to soil conditions, shape or topography of land or structures which affect such land or structures but not the subject zoning district generally, a literal enforcement of the bylaw would involve a substantial hardship to the petitioner, and desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the is bylaw. 3