06/09/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Thomas F. Brennan and Patricia A. Brennan 126 Summersea Road (Map 105 Parcel 54) Mashpee, MA 02649 SP-2021-37 The septic system that currently exists is partially situated on the abutter's property. There is a new septic system being proposed, and will be installed on the lot that it is servicing and will not be encroaching on the abutter's lot. There is one slight miscalculation in the written presentation that indicated that there's an improvement on the front yard setback to 22.5 ft.,but that calculation makes it conforming because the side yard setback to the house next door is 25 ft.;the setback on the other side is 21.7 ft. So at 22.5 ft. is now a conforming setback, and has eliminated the non-conforming front yard setback to Summersea Road. In addition,there is also an improvement to the side line setback criteria on the northerly side, which is 14.8 ft., and on the southerly side it is 11.5 ft. There has been an improvement to three of the non-conforming conditions, and eliminated one of the non-conforming conditions. The proposal also consists of a new Title 5 code compliant septic system on the lot which is a substantial improvement over what previously existed. The new construction will conform to all criteria relative to the current building codes, and is a substantial improvement over the conditions that previously existed on the site. The new design of the dwelling is a more traditional style home,and more compatible with the design in the New Seabury and Summersea areas of the development. There is a new garage proposed, and will accommodate the parking requirements. No variance is requested or required, and the Conservation Commission approved the project with an Order of Conditions. The allowed lot coverage is 25% because the lot is under 10,000 sq. ft. There are no new non-conformities being created and the setbacks are improving. The current setback from the wetlands is also improving from 27 ft. from the edge of the marsh to 33 ft. The Conservation Department comments and Board of Health comments dated June 9, 2021 were read into the record. GENERAL CRITERIA The subject property located at 126 Summersea Road is approximately 9,800 square feet, and 8,100 sq. ft. upland. There were no abutters present. 2