01/13/2021 ZONING BOARD OF APPEALS Decision

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Town of Mashpee 16 great Jdeck 4(oad Xorth Nashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2021-05 Petitioner,Eprem Epremian Doc.: 1132228 Owners of Record: Frederic W.Blythe and Ctf.: 190509 Melissa P.Phillips 228 Wading Place Road (Map 112 Parcel 59) Mashpee,MA 02649 A Petition was filed on December 21, 2020 by Petitioner, Eprem Epremian requesting a Special Permit under§174-17.1 of the Zoning Bylaws to raze and replace an existing non- conforming single family residence with a new code compliant structure on property located in an R-3 Zoning District, and the Popponesset Overlay District, at 228 Wading Place Road,Map 112 Parcel 59,Mashpee,MA. (Owners of record: Frederic W.Blythe and Melissa P. Phillips). 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 December 11, 2020 and December 18,2020. 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 on Wednesday, January 13, 2021, and continued to Wednesday, January 27, 2021 as a virtual remote meeting, 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, Sharon Sangeleer. Attorney Kirrane represented the owner for the raze and replace project. The lot consists of approximately 25,000 sq. ft. at the end of a dead end of Wading Place Road.The lot area is relatively flat and is located within the wetland resource area near Popponesset Creek but drops off approximately 10 ft. from the coastal bank. The lot has 78 ft. of frontage along Wading Place Road, and is odd shaped. Attorney Kirrane provided the Board with photos that depicts an existing structure that was built back in the late 1940's.The dwelling is non-conforming as it sits only 24.7 ft. front property lot line, and 10 ft. from its south westerly side line. The requirement is a 25 ft. setback in the front yard, and a 15 ft. side yard setback in this zoning district. The applicant wants to raze and replace the current dwelling with a two story, two be dwelling. The non-conformities are not being eliminated, but there is a slight improvement on the side yard, and the front yard will increase slightly.The front is being reduced from 24.4 ft.to 24.5 ft.,and the side improving from 10 ft. to 10.5 ft. 1