11/13/2019 ZONING BOARD OF APPEALS Minutes

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Town o� f'I llas pee 1 16 G i e a t J%ck &pad 1ort11. p.�Au,��4- %1'lashtxr, A1czssaehiasetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2019-53 Petitioners, Jamie and Paul Saganey Doc.: 1355182 Owner of record: Daniel J. Saganey, Trustee of Ctf.: 217379 Poppy Realty Trust 28 Jeep Place (Map 118 Parcel 108) Mashpee, MA 02649 A Petition was filed on October 18, 2019 by Petitioners, Jamie and Paul Saganey requesting a Special Permit under § 174-17.1 of the Zoning Bylaws to raze and replace a pre-existing, non -conforming single family residence, and construct a new dwelling with a detached accessory garage on property located in the Popponesset Overlay, and R-3 Zoning District, at 28 Jeep Place, Map 118 Parcel 108, Mashpee, MA. (Owner of Record: Daniel J. Saganey, Trustee of the Poppy Realty Trust). ' Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 25, 2019 and November 1, 2019 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws.. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, November 13, 2019 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Board Members, Scott Goldstein, Norman J. Gould, and Associate Members, Sharon Sangeleer and James Reiffarth. Attorney Kevin Kirrane represented the homeowners for the Special Permit and Variance requests for purposes of razing and replacing a single-family residential structure on this particular lot. Also present was Tom Bunker with BSS Design, and Arianna, with Archi- Tech Associates. The Special Permit request is required under Section 174-17.1. The plan shows the unusual shape of the lot with the existing dwelling situated up against the coastal bank. Most coastal banks run along the coastline, but in this particular case the coastal bank runs along the coastline and inland. There's a large concrete seawall that exists onsite that runs along the beach completely around the existing dwelling, and the existing out building. Attorney Kirrane pointed out that the 50 ft. setback criteria runs through the house, and also shows both the FEMA, and the Mashpee coastal bank completely surrounding the proposed dwelling. The Variance relief request includes the seawall and the accessory garage.