09/23/2020 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee h 16 Great JVeck Load Aro1-il1 JI �U Mas{ipee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2020-37 Elena Bean, Trustee of the Kim Path Realty Trust Doc.: 633559 15 Kim Path(Map 117 Parcel 267) Ct£: 136347 Mashpee, MA 02649 A Petition was filed on August 28, 2020 by Elena Bean, Trustee of the Kim Path Realty Trust requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing non-conforming single family residential structure on property located in an R3 Zoning District, and Popponesset Overlay District, at 15 Kim Path, Map 117 Parcel 267, 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 September 4, 2020 and September 11, 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. Public Hearings were held on the Petition at the Mashpee Town Hall (remote/virtual) on Wednesday, September 23, 2020 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Board Members,Ron Bonvie, Scott Goldstein,Norman J. Gould,and Associate Member, George Ganzenmuller. Attorney Kevin Kirrane represented the application for the raze and replace project. Also present was Tom Bunker,with BSS Design who has prepared the plans for the project. The existing lot is 13,200 sq. ft. and has been developed with a single store three bedroom ranch style home built in 1970, and qualifies as a non-conforming structure due to its side yard setback at 12.1 ft. from the southerly boundary line, and 23.5' from the front lot line. There's a shed that is also non-conforming, and an accessory dock. The Popponesset Overlay District allows for a 25 ft. front setback, and the building is currently 23.6 ft. The proposed dwelling will be a three(3)bedroom residential structure. The dwelling will conform to the setback criteria from the wetlands,and has 17.3%lot coverage,and is within the 25% allowed lot coverage in this overlay district. Section 174-17.1 allows for a raze and replace project,and the Board will determine if the project is not more detrimental than the prior condition. There will be no new non-conformities created, which would necessitate variance relief, and there is adequate land area to provide for the required amount of parking spaces. 1