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own of Mashpee <br /> 04 jay' 10 Great Aeck Gael Morth <br /> » Maslipee,Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2021-51 <br /> Petitioner, Joseph Anastos <br /> Owner, 36 Summersea LLC Doc.: 1426270 <br /> 36 Summersea Road Ctf.: 225985 <br /> (Map 105 Parcel 26) <br /> Mashpee, MA 02649 <br /> A Petition was filed on July 23, 2021 by Petitioner, Joseph Anastos requesting a Special <br /> Permit under §174-17.1 and §174-3 3 to raze and replace a pre-existing non-conforming <br /> single family structure on property located in an R-3 Zoning District, at 36 Summersea <br /> Road, Map 105 Parcel 26, Mashpee, MA. (Owner of record: 36 Summersea LLC). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on July 30, 2021 and August 6, 2021 a copy of which <br /> is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> September 8, 2021 at which time the following members of the Board of Appeals were <br /> acting on this hearing;Acting Chairman,Mr. Bonvie,Board Members,Mr. Goldstein, Mr. <br /> Gould, Associate Members, Ms. Sangeleer, and Mr. Ganzenmuller. <br /> Mr. Anastos met with the Building Commissioner to discuss his raze and replace project <br /> prior to his application for a Special Permit. The property is under the ARC New Seabury <br /> Special Permit, however the Commissioner requested that he apply to the Board for <br /> clarification regarding the specifics of the proposal that included a landscape wall, and to <br /> discuss the location of the new dwelling situated within the setbacks from the wetlands. <br /> On August 2, 2021, the Board received an email from the Town Planner suggesting that <br /> the applicant withdraw the raze and replace because the property is located under the New <br /> Seabury Special Permit. The Board had a discussion and agreed that the applicant could <br /> withdraw the raze and replace under §174-17.1, and determined that relief was necessary <br /> under §174-33 and to further discuss the concerns of the retaining wall location. The Board <br /> requested a revised site plan depicting the location of the wetlands buffer zone. They <br /> continued the hearing so the applicant could provide the Board with a revised site plan <br /> depicting the actual setback dimensions, and to provide comments from the Board of <br /> Health and Conservation Departments. <br /> 1 <br />