9/23/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 23,2020 15 Kim Path: Elena Bean,Trustee of the Kim Path Realty Trust requests a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing non-conforming single family residential structure on property located in an R3 Zoning District, and Popponesset Overlay District,Map 117 Parcel 267,Mashpee,MA. Attorney Kevin Kirrane represented the application for the raze and replace project. Also present was Tom Bunker with BSS Design who has prepared all the plan for the project. The existing lot is 13,200 sq. ft. and has been developed with a single store three bedroom ranch style home built in 1970, and qualifies as a non-conforming structure due to its side yard setback at 12.1 ft. from the southerly boundary line, and 23.5' from its front lot line. There's a shed that is also non-conforming, and an accessory dock. The Popponesset overlay district allows for a 25 ft. front setback, and the building is currently 23.6 ft. The proposed structure will be a 3 bedroom residential structure. The dwelling will conform to the setback criteria from the wetlands, and has 17.3%lot coverage and is within the 25% allowed lot coverage in this overlay district. Section 174-17.1 allows for a raze and replace project,and the Board will determine if the project is not more detrimental than the prior condition. There will be no new non-conformities created, which would necessitate variance relief, and there is adequate land area to provide for the required amount of parking spaces. There are a number of factors that the Board can consider to grant the Special Permit relief such as the front yard setback is non-conforming,the side yard setback is improving from 12.1 ft.,and moving the building to 13.7 ft.The front yard setback that is 25 ft.will improve to 30.9 ft. which eliminates that non-conformity. The shed will be removed. A new Title 5 Septic System will be installed, and the new construction will have to conform to present day building and flood code criteria. The number of bedrooms is not increasing, and the project was approved by Conservation. Jonathan asked how much closer the deck will be to the wetlands, and if dry wells will be installed. Tom Bunker said that the distance is 3 ft. closer but is still more than 50 ft. He said that shallow leaching chambers will be installed because it's near the ground water. The house plans show a 30 ft. height. Ron reviewed the location of the deck, and asked what the requirement was for the side yard setback in that zone.Mr.Kirrane said that the measurement is 51 ft.from the wetlands. Jonathan polled the members and they had no further comments. Sharon read the Board of Health and Conservation comments into the record. 4