01/27/2021 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee y. 16 Great Jlreck.Load North All;. Mashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2021-08 Owners, Michael M. Oleksak and Doc.: 750528 Mary Adams Oleksak Ct£: 151390 18 Capstan Circle (Map 111 Parcel 102) Mashpee, MA 02649 A Petition was filed on December 21, 2021 by Owners, Michael M. and Mary Adams Oleksak requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze a pre- existing, nonconforming single-family dwelling, and replace it with a single-family dwelling on property located in an R-3 Zoning District, at 18 Capstan Circle, Map 111 Parcel 102, 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 January 8, 2021 and January 15, 2021. 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 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, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Norman J. Gould, and Associate Member, George Ganzenmuller. Attorney, Marian Rose with Singer and Singer represented the owners for the raze and replace project.Also present was Chris Harris of Salt Architecture,and David Michniewicz with Coastal Engineering. The lot is currently situated in a very environmentally sensitive area consisting of 11,629 sq. ft., and is pre-existing nonconforming relative to lot size and frontage. The frontage is 89.59 ft., and will remain the same. The front setback is currently 21.9 ft. and the proposed will become less nonconforming at 24 ft. There are wetland setbacks from the north, south, and a coastal buffer that bisects the existing dwelling. The proposed structure will be rotated further away from Capstan Circle, and the living space will remain the same at 1,436 sq. ft. The side and rear setbacks will remain conforming. The project was approved with an order of conditions by the Conservation Commission, and there will be mitigation plantings. The project has not yet been reviewed by the Board of Health for the proposed septic system. Any water runoff will be contained onsite, and there will be no negative impact on the water supply or environment. 1