04/10/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 10,2019 NEW HEARINGS Mr.Furbush announced that Board Member, Scott Goldstein will be recusing himself from the next hearing. He told the audience, that every petitioner is entitled to five (5) ZBA members to hear their petition.As with every petition,in order to have a petition pass,there must be four (4) positive votes. When all five members are present, you can have four positive votes and one negative vote, and the petition will still pass. So all four members will have to vote positive for the petition to pass. The petitioners could request a continuance until the next meeting with five board members. 126 Wading Place Road: Owners, Steven F. and Donna M. McDonald request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a single-family, non- conforming structure on property located in an R-3 Zoning District, Map 111 Parcel 111, Mashpee, MA. Attorney Kevin Kirrane represented the McDonald family for their raze and replace project. He provided a plot plan to the Board prepared by BSS Design that shows the existing conditions and proposed conditions. The project was approved by the Conservation Commission at their hearing on August 23, 2018. The lot is situated on a main road that leads to Popponesset Island. It is not within the Popponesset Overlay District. It is a 30,500 sq. ft. lot with 26,000 sq. ft. of upland. There is a pre-existing,non- conforming structure currently on the site. It was built back in the 1960's in the New Seabury area. It is currently a four bedroom dwelling,non-conforming, and sits only 29 ft. from the front yard and 11 ft. from the side yard, and 34 ft. from the wetland resource area. There are three non-conforming conditions. Currently,the building only occupies 7.9% of the upland, and the proposed structure will occupy 19.7% of the upland and is still within the 20% lot coverage allowed under the bylaw. The 19.7%includes the boardwalk leading to the pier and dock complex. The new structure will be a two story structure. The lot slopes significantly from Wading Place to Spoondrift Cove. There will be living space downstairs with a walk-out area. The proposed two story structure is not unlike any of the other structures that have been developed in the New Seabury and Popponesset area over the last several years. It also incorporates a garage. The proposed structure will continue with those existing non- conformities although reducing those non-conformities slightly instead of being 29.7 ft. from the front, it will be 30.6 ft. from the front, instead of 11.9 ft. on the side line it will be 13.2 ft., and instead of 34 ft. from the wetland area,and it will be 36 ft. from the wetlands. So all the non-conformities have improved but were not eliminated. There is an area of the lot that is maintained at 30% because it is within a flood zone. The existing structure is serviced by a cesspool, and the new structure will be serviced by a new Title 5 septic system. 2