9/12/2018 ZONING BOARD OF APPEALS ZBA Decision

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Town of Yla h-pee 16 01 t,.=i eek'Io0ct«A'oril�. lIasItpce,Aissochuself.s.0:649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2018-43 Stewart M. Dobson Doc.: 1135106 and Barbara A. Dobson Ct£: 190814 162 Whippoorwill Circle (Map 125 Parcel 14) Mashpee, MA 02649 A Petition was filed on August 2, 2018 by Owners, Stewart and Barbara Dobson requesting a Variance from frontage and lot size under §174-31 of the Zoning Bylaws to raze and replace a non-conforming dwelling on a non-conforming lot, and replace it with a conforming structure on the non-conforming lot on property located in an R-3 Zoning District, at 162 Whippoorwill Circle, Map 125 Parcel 140, 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 August 24, 2018 and August 31, 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 §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, September 12, 108 at which time the following members of the Board of Appeals were present and acting throughout;Chairman,Jonathan Furbush,Vice Chairman, William Blaisdell, Board Members, Scott Goldstein, Norman J. Gould, and Associate Member, Brad Pittsley. Attorney Kevin Kirrane represented the homeowners for the proposed raze and replace project. He provided the Board with his written remarks,the existing and proposed house plans, and photographs of the existing structure. The property is developed with a single-family residence, the lot is 12,500 sq. ft., and has 100 ft. of frontage along Whippoorwill Circle. The lot is located in the R-3 Zoning District and requires a 40,000 sq. ft. lot, and 150 ft. of frontage. The house consists of a single-family raised-ranch style home, with 1,000 sq. ft. The dwelling has four bedrooms and is currently non-conforming because it fails to meet the 40 ft. front yard setback criteria. The applicants are proposing to remove the dwelling and replace it with another four bedroom two story dwelling and will eliminate the existing non-conforming front yard setback. The new proposed dwelling will comply with all setback zoning criteria. The existing structure is 28.9 ft., the new structure will be 40.1 ft. from the front lot line. 1