03/10/2021 ZONING BOARD OF APPEALS Minutes

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Town of Nashpee N 16 Great Aeck P,_oacl JArdl Masltpee,Alassachusetis 02049 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2021-25 John K. L. Thorndike and Doc.: 1392925 Kathryn C. P. Thorndike Ctf.: 222151 7 Chart Way (Map 106 Parcel 18) Mashpee, MA 02649 A Petition was filed on February 12, 2021 by Owners, John and Kathryn Thorndike requesting 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, at 7 Chart Way, Map 106 Parcel 18, 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 February 19, 2021 and February 26, 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,March 10, 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, Scott Goldstein, and Norman J. Gould. 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 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 in the 1970's contains 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. 1