1/8/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 8,2020 4. New Addition/Remodeling for: Ferner Residence, 44Barbary Circle, Scale: 1/4 = 1'-0", Date: 7/22/2019,Drawing No.: Al-First Floor Plan,A2—Second Floor Plan. 5. The Board issues a Variance in the amount of. 12 ft. for the front yard setback. 6. Conditioned on all Town Department comments read into the record including but not limited to Board of Health comments. NEW HEARINGS 24 Melissa Avenue: Petitioner,Barbara B.Nichols requests a Special Permit under §174- 17.1 of the Zoning Bylaws to raze and replace one of three residential structures situated on property located in an R-5 Zoning District, Map 21 Parcel 1, Mashpee, MA. (Owner of Record: Barbara B.Nichols and Robert C..Nichols, Trustees). 24 Melissa Avenue: Petitioner, Barbara B. Nichols requests a Written Finding under §174-17 of the Zoning Bylaws to raze and replace one of three residential structures situated on property located in an R-5 Zoning District, Map 21 Parcel 1, Mashpee, MA. (Owner of Record: Barbara B. Nichols and Robert C.Nichols, Trustees). Attorney Kevin Kirrane represented the Nichols' family for their raze and replace project. The property is situated within Melissa Avenue which is a public way on either side of the Nichols parcel and was an easement taken by the Town. The lot is five (5) acres and has three residential structures;the applicants seek to raze and replace the farmhouse structure. The structure dates back to the 1800 (circa.1740). This structure was re-built in the 1940's. The proposed structure will essentially be in the same foot print of the existing structure. The new structure conforms to all the required setback criteria requirements. It's over 100 ft.from the wetlands and 80 plus feet from the side yards.The reason for the Special Permit request under §174-17.1, and §174-17 is largely because there are three residential structures on a single lot; an argument could be made that the use is non-conforming. Typically, only one family residential building is allowed on a single lot. However,this lot is a five(5)acre lot which makes it different than most scenarios. The existing lot coverage is 2.19%, and the proposed lot coverage will be 2.17%because the shed will be removed. The proposed structure is not substantially more detrimental than what exists, and will not create a situation that is substantially more detrimental to the neighborhood. Attorney Kirrane received the Board of Health comments just prior to the meeting,and was unable to respond. He asked the Board if they are inclined to grant the relief,that it can be conditioned upon receiving the appropriate approvals from the Board of Health. The accessor's records indicate that the cottage is a two bedroom structure, and the farmhouse has four bedrooms for a total of six. The information from the Board of Health is that it is not designed for six. His client is willing to upgrade the septic system to accommodate the use. The proposed project received an Order of Conditions from the Conservation Commission. 5