11/18/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES November 18,2020 107 Ninhyet Ave: Owners,Richard and Linda Tempesta 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 R-3 Zoning District, Map 72 Parcel 61, Mashpee, MA, 107 Ninigret Ave: Owners, Richard and Linda Tempesta request a Variance under §174- 31 of the Zoning Bylaws to raze and replace a pre-existing non-conforming single family residential structure on property located in an R-3 Zoning District, Map 72 Parcel 61, Mashpee, MA. Attorney,David Lawler represented the homeowners for their raze and replace project.He described the existing three bedroom dwelling as in disrepair, and the homeowners would like to construct a new three bedroom home with a sunroom addition. The existing home is located on a corner lot and is pre-existing, non-conforming consisting of 9,375 sq. ft. Mr. Lawler considers the current situation a hardship with respect to the Variance requests as indicated under the bylaw Section 174-31 (16). The front setback relief from Ninigret is currently a 30 ft. and will be reduced to 27.8 ft. The rear setback is 23.75 will improve to 18.5 ft. is a reduction in approximately 3 ft. The maximum allowed lot coverage is 25%, and the proposed is well under at 14%. Mr. Lawler mentioned that a comment was raised by Catherine Laurent, DPW Director regarding the absence of a driveway. A dirt driveway currently exists that is located off of Nohono Rd.Mr. Lawler said he will comply with the DPW requirements for the driveway, and his clients would like to keep the driveway off of Nohono Road. Chairman Furbush agreed that there is a hard-ship involved because the dwelling is on a corner lot, and the front would require 30 ft. Jonathan also explained that the side yard setback requirements are 15 ft., and there are no issues because the 18 ft. is well within the requirements. He only had a question regarding the driveway. The Board agreed that a Variance request was not required. Sharon read the comments from Catherine Laurent,dated October 16,2020 into the record. A driveway is required. The homeowners will have to decide if they want to keep the driveway off Nohono, but they will need to change their address. Charlie said that a discussion will be required with Clay Nicholson, GIS Coordinator who was given Catherine Laurent's comments. Sharon read the Board of Health comments dated November 17, 2020 into the record, and the Conservation comments. Sharon read a list of names from direct abutters into the record that were all in favor of the project. There were no other comments from the Board, and no abutter phone calls. 4