07/22/2020 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee A h 16 Great Arcck load Arorth ra,y Alashpce,Massachusetis 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2020-21 Richard J. Cook and Diane E. Cook Doc.: 1319976 19 Pem Lane Ct£: 212726 (Map 89 Parcel 31) Mashpee, MA 02649 A Petition was filed on June 26, 2020 by Owners, Richard J. Cook and Diane E. Cook requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a non-conforming single family use cottage structure on property located in an R-5 Zoning District, at 19 Pem Lane Map 89 Parcel 31, Mashpee, MA. 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 July 3, 2020 and July 20, 2020 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, July 22, 2020 as a remote meeting, 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 Sharon Sangeleer. Attorney Kevin Kirrane represented the applicant for the raze and replace project of a cottage structure. The lot consists of over 43,000 sq. ft. and has a primary residence, and a smaller cottage residence. There were questions raised from the Building Department whether the cottage was considered a residence, so Mr. Kirrane provided the Board with an appraisal of the property that the homeowners had done when they purchased the property, and clearly states that it has a bathroom facility and is considered a residential structure. The applicants intended to renovate the cottage, but because there was mold damage and foundation cracks, so they decided to remove and replace the cottage. The current size of the cottage is 762 sq. ft., and the proposed will be 747 sq. ft. It's a modest one bedroom structure. The foundation is in disrepair, and a portion of that will be rebuilt to current code requirements. Currently the structure is within the 50 ft. of the wetlands, but the new structure will be further away from the resource area, and could be approved for that particular relief under §174-17.1. It was approved by the Conservation Commission,and meets the all the required setbacks from the bylaws. The Board of Health mentioned that they consider the loft area to be a bedroom. 1