07/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Jonathan Bernstein, Trustee of 16 Popponesset Island Road Realty Trust 16 Popponesset Island Road (Map 105 Parcel 265-0) Mashpee, MA 02649 SP-2020-23 The Board read the comments into the record by the Board of Health and Conservation. The Board did not have any issues with the project, but wanted to see the elevation and floor plans of the proposed new dwelling, and continued the hearing until August 12,2020. Attorney, Mike Ford returned to present the floor plans to the Board. He submitted the septic plans to Glen Harrington, Health Agent, who approved the septic plan for 10 bedrooms, but he also wanted to see the floor plans. The floor plans were submitted to the Board of Health and Glen re-submitted comments to the Zoning Board. The comments mentioned that he had an issue with the spa/gymnasium on the second floor. Attorney Ford said the idea would be to install a glass door for privacy, but that was not sufficient with Board of Health guidelines. Either the room would need to be redesigned or the septic system would need to be redesigned. The client decided to reconstruct the entrance to be a 6 ft. wide opening, and to re-submit the plan to the Board of Health which would no longer will be considered a bedroom. The Board reviewed the elevations of the proposed dwelling and wanted to confirm the height requirements as depicted on the site plan. Charlie Maintanis,Building Inspector said the building height will have to be 35 ft. of the average natural grade. GENERAL CRITERIA: The subject property located at 16 Popponesset Island Road is approximately 40,099 square feet. There were no more comments from the Board, and no abutter comments. SPECIAL PERMIT CRITERIA: ARTICLE V -Nonconforming Buildings and Uses §174-17.1 Raze and Replace History: Added 10-15-2018 ATM, Article 16, approved by Attorney General 1-9-2019. No pre=existing,non-conforming single or two (2) family dwelling structures shall be torn down and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning Board of Appeals. Such a Special Permit may be granted only if the Zoning Board of Appeals finds that any changes,extensions,alterations or reconstruction of the pre-existing non-conformities are not substantially more detrimental than exists prior to removal of the existing structure and that there is adequate land area to provide sufficient parking. In no case shall new non-conformities be permitted without the issuance of a Variance. 2