03/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 10, 2021 Mr. Gould seconded, yes, Mr. Reidy, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, Mr. Furbush, yes. All were in favor of the Special Permit request. NEW HEARINGS 7 Chart Way: Owners, John and Kathryn Thorndike request a Special Permit under §174- 17.1 of the Zoning Bylaws to raze and replace an existing three (3) bedroom non- conforming residential structure on property located in an R-3 Zoning District, Map 106 Parcel 18, Mashpee, MA. Attorney Kevin Kirrane represented the applicants for their proposed raze and replace project. The owners currently have a three bedroom residence, and are seeking to replace it with another three bedroom residence. The property is located on an 11,500 sq. ft. upland lot at the end of a cul-de-sac which is Chart Way. The lot has 100 ft. of frontage along Chart Way, is impacted by wetlands and is an odd shaped parcel of land. The lot is situated in the R-3 Zoning District which requires the 40,000 sq. ft. lot size, and 150 ft. of frontage making the lot non-conforming, and the site has been approved for a single-family residence, a shed, an accessory dock, pier, and float complex. Currently, the building that was situated on the lot was built back three bedrooms and an attached two-car garage and has about 2,000 sq. ft. of living area. The dwelling is non-conforming because it currently sits only 22.5 ft. from its front property line, it sits 7.7 ft. from its northerly side line, 15 ft. is required, and 18.3 ft. from the saltmarsh where 50 ft. is required. The lot coverage is 21.08% which exceeds the 20% requirement. All of those are non-conforming conditions under the bylaws. In an effort to bring the building up to current day standards, the applicants are seeking to replace the 50 year old structure with a structure that will conform to current day building code requirements. The improvements of the site conditions would be increasing the front yard setback from 22.5 ft. to 22.7 ft., eliminating the non-conforming side yard setback, and improving the wetland setback from 18.3 ft. to 24 ft. In addition, a Title 5 Septic System is proposed as part of the project, as well as a two-car garage to address any concerns relative to parking. There is no variance relief required because the project will maintain the same lot coverage at 21.08%, and the redevelopment has been approved by the Conservation Commission. The new construction will require the first floor elevations to meet current FEMA standards and building code criteria. The Board can find that what is proposed is not substantially more detrimental than what currently exists. 8