12/14/2011 ZONING BOARD OF APPEALS Minutes

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y`ElTuu y�a, Town cue f`Mashpee 16 Gi,(?at,,Afeck�i�acl-Alor tit Mashpee,Massaehuselts 02649- MASHPEE ZONING BOARD OF APPEALS Decision for a Variance V-2011-47 CJWKC, LLC Registry of Deeds Title Reference: 36 Fiddler Crab Lane Book: 24736 Page: 325 Mashpee, MA 02649 Map 105 Parcel 101 A Petition was filed on November 14, 2011 by CJWKC, LLC for a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the front setback requirements and the setback from water and wetlands to allow for construction of a new single-family home on property located in an R-3 zoning district at 36 Fiddler Crab Lane (Map 105 Parcel 101) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on November 25, 2011 and December 2, 2011, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on December 14, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kirrane represented the Petition and said that the non-conforming parcel does not meet the 40,000 square-foot minimum lot size. The structure does not conform to the 40-foot front setback requirement. The severely, dilapidated structure on the subject property will be demolished and replaced with construction of a two-story, 2,000 square-foot home with an attached garage. The proposal conforms to the side and rear setback requirements, as well as the lot coverage requirements. Encroachment into the front yard setback will be reduced. The irregularly-shaped property, which is situated on a cul-de-sac, also contains significant sloping topography. Due to the impact of wetlands on the property and location of the existing Title 5 septic system, a small portion of the dwelling will be situated seven feet into the setback to water and wetlands. Attorney Kirrane commented that the new dwelling will be valued considerably higher than the existing structure and will generate more tax revenue for the Town. It will improve the value of the properties around it. The abutting home most directly affected by the proposal is owned by a family member of the Petitioner's. Mr. Reiffarth discovered an error on the plan and said that computation to wetlands should be from the corner of the deck, not from the house. He calculated that