11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioners, Jamie and Paul Saganey (Owner of Record: Daniel J. Saganey, Trustee of the Poppy Realty Trust) 28 Jeep Place (Map 118 Parcel 108) Mashpee, MA 02649 SP-2019-53 The proposed dwelling is located in the Popponesset Overlay District which allows for lot coverage at 25%, minimum lot size of 6,000 sq. ft., and 60 ft. of frontage. The total lot area is 21,067 sq. ft., and 20,100 sq. ft. of upland area. The proposed dwelling will be similarly situated as the other dwelling with a 50 ft. setback line going through the dwelling. There are a few other non -conformities related to the existing dwelling. The home is situated 23.1 ft. from Jeep Place, and is within 20 ft. of the coastal bank. The out building is situated 14.7 ft. from the side line, and the existing lot coverage is 13.23%. The proposed dwelling will be moved further back from the lot line on Jeep Place 24.4 ft. The 23.1 ft. is a non -conforming condition because the current zoning is 25 ft. from the road. In addition, there is the existing out building that sits less than 15 ft. from the side line. This building is being eliminated in the proposed redevelopment of the site, so that non -conformity relative to the side yard is being eliminated as well. The other non -conforming condition as it relates to the dwelling is the distance .from the coastal bank. Currently the dwelling sits at its closest point to the coastal bank that runs along the beach at 19.3 ft. The dimensions also depict 28 ft. and 26 ft. further along the beach. The proposed dwelling will sit 32.3 ft. and 29 ft. from that coastal bank along the beach. This is improving the distance of the dwelling to the coastal bank on the Nantucket Sound side. Unfortunately in moving the building further away from the coastal bank, on the Nantucket Sound side, and an increase on the side of the building is going closer to the coastal bank on the landward side of the lot. It is approximately 15-17 ft. closer on the inland side adjacent to lot 7A, but improving the condition as it appears along the beach facing Nantucket Sound. The proposed lot coverage shown on the plan is 17.8% which is well below the 25% that is allowed in the Popponesset Overlay District. In addition to the new home, there is a proposed 24 ft. x 24 ft. detached garage that requires variance relief because of its location from the 50 ft. wetland resource area. The proposed new construction does conform to the Popponesset Overly District, i.e., 6,000 sq. ft. of area and 60' of frontage. The setbacks are 25 ft. from the street, and 15 ft. from both the side and rear property lines. The allowed lot coverage is up to 25%, and the setbacks from wetlands are 50 ft. The existing dwelling qualifies as a pre-existing non- conforming situation, as well as the out building which is less than 15 ft. from the side lines. The proposed new dwelling is not creating a new non -conformity however, the non- conformity setback from the wetlands will exist (front -yard), but is reduced from 23.1 ft. to 24. 4 ft. 2