01/13/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 13,2021 Chairman Furbush asked Attorney Kirrane if he would like to consult with his client, and continue the hearing to afford him the opportunity to discuss the comments submitted by the Town Planner. Attorney Kirrane decided to continue the hearing. Mr. Bonvie made a motion to accept Attorney Kirrane's request to continue the two hearings for 190 Monomoscoy Road until January 27, 2021.Mr. Gould seconded,yes, Mr. Blaisdell, yes, Mr. Bonvie, yes, Mr. Ganzenmuller, yes, and Mr. Furbush yes. Mr. Furbush announced that Jim Reiffarth, and Sharon Sangeleer will be sitting in on the next hearing along with the three regular Board members. 228 Wadine Place Road: Petitioner, Eprem Epremian requests a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace an existing non-conforming single family residence with a new code compliant structure on property located in an R-3 Zoning District,and the Popponesset Overlay District,Map 112 Parcel 59,Mashpee,MA. (Owners of record: Frederic W. Blythe and Melissa P. Phillips). Attorney Kirrane represented the owner for the raze and replace project. The lot consists of approximately 25,000 sq. ft. at the end of a dead end of Wading Place Road.The lot area is relatively flat and is located within the wetland resource area near Popponesset Creek but drops off approximately 10 ft. from the coastal bank. The lot has 78 ft. of frontage along Wading Place Road, and is odd shaped. Attorney Kirrane provided the Board with photos that depicts an existing structure that was built back in the late 1940's.The dwelling is non-conforming as it sits only 24.7 ft, front property lot line, and 10 ft. from its south westerly side line. The requirement is a 25 ft. setback in the front yard, and a 15 ft. side yard setback in this zoning district. The applicant wants to raze and replace the current dwelling with a two story, two bedroom dwelling. The non-conformities are not being eliminated, but there is a slight improvement on the side yard, and the front yard will increase slightly.The front is being reduced from 24.4 ft.to 24.5 ft., and the side improving from 10 ft. to 10.5 ft. The lot coverage is increasing from 7% to 12.7% but is still well within the 25% allowed in this zoning district. There is no need for Variance relief. The new structure will be outside of the 50 ft. setback criteria. The Board of Health noted that there is a two-bed Title 5 system and will satisfy the need for the new home. There will also be an attached garage that will satisfy the parking situation that is required under the bylaw. An Order of Conditions was issued by the Conservation Commission. The new building will have to meet FEMA and Building Code criteria and will be built on piers because it is in a high velocity zone. Given the upgrade in construction, and building code improvements, the new structure will comply with present day requirements. The Board can find that the structure will not be substantially more detrimental than what currently exists, and will conform to the Popponesset Overlay District requirements. 7