6/13/2018 ZONING BOARD OF APPEALS ZBA Decision

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mry. Town of Allashpee MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2018-25 John F. Dee Bk.: #10099 46 Main St. Page: #192 (Map 47 Parcel 25) Mashpee, MA 02649 A Petition was filed on April 13,'2018 by Petitioner, Attorney Jeffery Johnson requesting a Written Finding under §174-17 of the Zoning Bylaws to raze and replace a pre-existing non-conforming structure on property located in an R-5 Zoning District, and Groundwater Protection Overlay District, 46 Main St., Map 47 Parcel 25, Mashpee, MA. (Owner or Record: John F. Dee). 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 April 20, 2018 and April 27, 2018 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, June 13, 2018 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Board Members, Ron Bonvie, and Scott Goldstein, and Associate Members, Norman J. Gould and Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. Attorney Jeffrey Johnson represented the homeowner at the May 9, 2018 hearings. He stated that the applicant went to the Town to get permission to tear down the dwelling and rebuild at a later date. The home is in such disrepair and the report from the Building Inspector indicated that there was an enforcement order to have the dwelling torn down. The Building Inspector suggested to bring this case in front of the Board to ask for permission to raze and replace the dwelling. The package that was submitted prior to this meeting shows the existing location of the present dwelling and also shows a concrete slab that used to be a garage or shed. He is asking the Board for permission to tear down the dwelling within a reasonable time; one of the staff reports stated within six (6) months. The Board requested a revised plan to depict an actual dwelling, and the location of the new proposed dwelling that will be built. The lot is 45,460 sq. ft. and is less than the 80,000 sq. ft. requirement under current zoning. Mr. Johnson provided a title history of the lot, and a rendering of the proposed house. The proposed new home will be a three (3) bedroom. I