01/13/2021 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Eprem Epremian Owners of Record: Frederic W. Blythe and Melissa P. Phillips 228 Wading Place Road (Map 112 Parcel 59) Mashpee, MA 02649 SP-2021-05 The lot coverage is increasing from 7% to 12.7% but is still well within the 25% allowed in this zoning district. There is no need for Variance relief. The new structure will be outside of the 50 ft. setback criteria. The Board of Health noted that there is a two-bed Title 5 system and will satisfy the need for the new home. There will also be an attached garage that will satisfy the parking situation that is required under the bylaw. An Order of Conditions was issued by the Conservation Commission. The new building will have to meet FEMA and Building Code criteria and will be built on piers because it is in a high velocity zone. Given the upgrade in construction, and building code improvements, the new structure will comply with present day requirements. The Board can find that the structure will not be substantially more detrimental than what currently exists, and will conform to the Popponesset Overlay District requirements. On January 13, 2021, the Board discussed the site plan and facts of the proposal as presented. They listened to concerns raised by Attorney Brian Wall who represented the abutting neighbor at 226 Wading Place Road, and decided to continue the hearing until January 27, 2021. On January 27, 2021, Attorney Kirrane said at the last hearing there were concerns raised by Attorney Wall's client regarding the proximity of the structure to the property line, and the measurement taken from an access platform and stairway. There is also an outside shower located on the back side of the building that encroaches. As a result of the comments that were made at the last hearing,the engineer revised the site and house plans. The building will now conform to the side yard setback at 15.5 ft. from the common property line located at 226 Wading Place Road. The proposed building does conform to all applicable zoning criteria with the exception of the front yard setback of 24.5 ft. from Wading Place Road; and the requirement being 25 ft. Attorney Kirrane said that the Popponesset Association proposed changes to the Zoning Bylaws to restrict the height of buildings to 30 ft. A building in any other district in Town can be 35 ft. The building that is being proposed conforms to that 30 ft. height restriction. The location of this building is being situated on this lot because it's the only location due to the setback criteria from the street, the side lines, and the coastal resource area of the coastal bank, and coastal beach that requires the 50 ft. setback. The building is located so that no variance relief is needed from those setback requirements. 2