09/11/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Marjorie Hackett and Robert Hackett 10 Stanley Road (Map 114 Parcel 88) Mashpee, MA 02649 FINDING-2013-37 Mr. Kirrane stated the entry way was removed on the updated plan from the Hamblin Pond side of the residence and moved to the Stanley Road side of the residence The proposed building now has a (1) one foot overhang on the second floor. He also provided photographs of the existing structure and structures that surround the existing dwelling, including a dwelling that was razed and replaced next door. The proposal is to remove the structure that is sitting on blocks as opposed to a cement foundation and will be built to current day code requirements. He indicated the proposed structure is an improvement because it is being moved entirely within the lot. He stated the new building will consist of a 28' x 24' on the first floor and 28' x 26' feet on the second floor. Mr. Kirrane stated the lot is narrow because of the 40 foot width and is making it impossible to conform to the 40 foot setback requirement and 15 foot radiate requirement for current day zoning. The proposal is also to create a front yard setback of 6 feet closer from the structure to include the entry way on the front and 6 feet on rear which is better than the 5.9 feet that currently exists on the rear. In addition, the proposed structure will create a new sideline non-conformity of nine (9') feet to its Westerly sideline, to accommodate Title 5 setback criteria. The parcel is situated in an R-3 Zoning District and does require front yard setback of 40 feet and a side yard setback of 15 feet. The proposed building on this lot is smaller than the current building in terms of its footprint. The existing lot coverage figure is 701 square feet or 23.6%. Taking into consideration of the additional 68 square feet that is situated in the street, the total square footage in terms of its footprint building coverage is 25.9%. The lot coverage of the new structure once moved entirely within the lot, and including the one foot overhang on the second floor will be 715 square feet or 24.1% which is less than the 25.9% building coverage but a little greater than the existing 23.6% lot coverage. General Findings: The subject property located at 10 Stanley Road is approximately 2,968 square feet. Written Finding Criteria: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non- conforming single-or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21. 2