08/12/2020 ZONING BOARD OF APPEALS Minutes

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P.IoMq' Iowa of Mashpee �y16 great Aeck Load,NorUh +� A1as{epee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2020-26 Kim Sieurin Doc.: 1269657 424 Monomoscoy Road Ct£: 206282 (Map 124 Parcel 49) Mashpee, MA 02649 A Petition was filed on July 10, 2020 by Owner, Kim Sieurin requesting a Special Permit under §174.17.1 of the Zoning Bylaws to raze and replace a three (3) bedroom non- conforming residential structure on property located in an R-3 Zoning District, Map 124 Parcel 49, 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 24, 2020 and July 31, 2020. 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. The Public Hearing on this Petition was continued from August 12, 2020 as requested by Attorney Kirrane, and was filed with the Town Clerk. Public Hearings were held on the Petition at the Mashpee Town Hall and was held remotely and virtually on Wednesday, September 9, 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 Norman J. Gould. Attorney, Christopher Kirrane represented the applicant. Also present was Raul Rivera, with Cape&Islands Engineering. Mr. Kirrane provided his written remarks explaining the details of the project. There are two non-conforming aspects on the property. One of the setbacks is 10.8 ft. and the required setback is 15 ft. There's also a non-conforming setback to the wetlands, and that setback will increase 3 ft. because of the second floor overhang. The first floor will decrease the non-conformity to 46 ft. The shed will be eliminated. The project is a substantial improvement than what currently exists. The Conservation Commission has approved the project, and there will be a new Title 5 Septic System. The Variance request under Section 174-33 is for the pool because that is not part of the existing structure. Mr. Kirrane believes that this Variance can be granted due to the shape of the lot, and is considered a hardship. The site plan depicts the northeast side setback will be improving from 10 ft. to 15 ft. Raul said that the overhang is allowed in zoning, and this particular overhang is included in his lot coverage calculation. The Board confirmed that the percent lot coverage is 19.5%. 1