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'Mry Town of.1�'lashpee <br /> p�'f' I <br /> C b <br /> N 16 Great Xeck 1 oad A1orth <br /> �y <br /> Mashpee,Massachusetts 02049 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2020-41 <br /> Richard Tempesta and Linda Tempesta Doc.: 990226 <br /> 107 Ninigret Avenue Ctf.: 175539 <br /> (Map 72 Parcel 61) <br /> Mashpee, MA 02649 <br /> A Petition was filed on October 7, 2020 by Owners, Richard and Linda Tempesta <br /> requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a <br /> pre-existing non-conforming single family residential structure on property located in an <br /> R-3 Zoning District, at 107 Ninigret Avenue, Map 72 Parcel 61, Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on October 16, 2020 and October 23, 2020. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> November 18, 2020 as a virtual remote meeting at which time the following members of <br /> the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, <br /> Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and <br /> Norman J. Gould. <br /> Attorney, David Lawler represented the homeowners for their raze and replace project. He <br /> described the existing three bedroom dwelling as in disrepair, and the homeowners would <br /> like to construct a new three bedroom home with a sunroom addition. The existing home <br /> is located on a corner lot and is pre-existing, non-conforming consisting of 9,375 sq. ft. <br /> Mr. Lawler considers the current situation a hardship with respect to the Variance requests <br /> as indicated under the bylaw Section 174-31 (16). The front setback relief from Ninigret is <br /> currently a 30 ft. and will be reduced to 27.8 ft. The rear setback is 23.75 will improve to <br /> 18.5 ft. and is a reduction in approximately 3 ft. The maximum allowed lot coverage is <br /> 25%, and the proposed is well under at 14%. <br /> Mr. Lawler mentioned that a comment was raised by Catherine Laurent, DPW Director <br /> regarding the absence of a driveway. Currently,the homeowners are using a dirt driveway <br /> that exists off of Nohono Rd. Mr. Lawler said he will comply with the DPW requirements <br /> for a driveway, and his clients would like to keep the driveway off of Nohono Road. <br /> 1 <br />