09/08/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 8, 2021 4. Conditioned on all Town Department comments read into the record including but not limited to the Conservation Commissions request outlined and read into the record. Mr. Gould second, yes, Ms. Sangeleer, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, Mr. Furbush yes. All were in favor to issue a Written Finding. Sitting on this hearing were Mr. Bonvie, Mr. Goldstein, Mr. Gould, Ms. Sangeleer, and Mr. Reidy. 5 Clamshell Lane: Owner, Jeanne Scioli requests a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing non-conforming single family structure on property located in an R-3 Zoning District, Map 119 Parcel 66, Mashpee,MA. Attorney Kevin Kirrane represented the homeowners who were also present seeking to raze and replace their existing non-conforming home. He provided a site plan, proposed house plan, and photographs of the existing single-family structure. The site is situated approximately 13,500 sq. ft. lot (upland), and has 61 ft. of frontage on a very long and narrow building site along Clamshell Lane. It is situated in the R-3 Zoning District which requires 40,000 sq. ft. of lot area and 150 ft. of frontage that makes this site a non- conforming lot. The homeowners seek to replace their thirty plus year old home with a new two story four (4) bedroom dwelling including a two car garage. The site will also include a new Title 5 Septic System. The project has been approved by the Conservation Commission, and an email was sent from Glen Harrington, Board of Health Agent stating his specific requirements. The existing structure fails to meet the current sideline setbacks that shows 14.7 ft. from the westerly sideline, and sits only 8.2 ft. from the easterly sideline, and also 45 ft. from the edge of the wetland resource area which is makes this a non-conforming situation. The new structure will be improving the setbacks at 15.2 ft., from the westerly sideline, and 52 ft. from the wetland resource area, but increasing and improving the easterly sideline to 11.4 ft. Under Section 174-17.1 the Board will find that the reconstruction will not be more detrimental than the existing conditions, there is sufficient land to accommodate parking requirements, and no Variance relief is needed to accomplish the reconstruction. The Conservation Commission issued an Order of Conditions, and a new Title 5 Septic System is proposed. The new construction will be moved 11 ft. landward to meet current FEMA and building code criteria. 3