01/08/2020 ZONING BOARD OF APPEALS Minutes

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Town ooy 1`llas1z ee s m . , ' 16 Great %ck'&ood ,"�vlh Abu " Alashpe(,,Wassachusuts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2020-02 Petitioner, Barbara B. Nichols Bk.: 20708 Owner of record: Barbara B. Nichols Pg.: 35 and Robert.C. Nichols, Trustees) 24 Melissa Avenue (Map 21 Parcel 1) Mashpee, MA 02649 A Petition was filed on November 26, 2019 by Petitioner, Barbara B. Nichols requesting a Written Finding under §174-17 of the Zoning Bylaws to raze and replace one of three residential structures situated on property located in an R-5 Zoning District, at 24 Melissa Avenue, Map 21 Parcel 1, Mashpee, MA. (Owner of Record: Barbara B. Nichols and Robert C. Nichols, Trustees). 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 December 13,2019 and December 20,2019 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 §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 8,2020 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Associate Member, George Ganzenmuller. Attorney Kevin Kirrane represented the Nichols' family for their raze and replace project. 'The property is situated within Melissa Avenue which is a public way on either side of the Nichols parcel and was an easement taken by the Town. The lot is five (5) acres and has three residential structures;the applicants seek to raze and replace the farmhouse structure. The structure dates back to the 1800 (circa.1740). This structure was re-built in the 1940's. The proposed structure will essentially be in the same foot print of the existing structure. The new structure conforms to all the required setback criteria requirements. It's over 100 ft. from the wetlands and 80 plus feet from the side yards. The reason for the Special Permit request under §174-17.1, and §174-17 is largely because there are three residential structures on a single lot; an argument could be made that the use is non-conforming. Typically, only one family residential building is allowed on a single lot. However, this lot is a five (5) acre lot which makes it different than most scenarios. 1