11/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 10, 2021 Attorney Keven Kirrane represented the homeowners for their raze and replace project. Also present was Denise Bonoli, Architect for the project. Attorney Kirrane provided the Board with the site plans, building plans, and a written presentation. The lot is a non- conforming lot because it's only 15,400 plus sq. ft., and in this zoning district requires 40,000 sq. ft. The lot has been improved with a single-family residential structure, a swimming pool, a shed, pier float and dock complex which runs along Popponesset and Wading Place Road. The single family residential structure is non-conforming in several respects.It fails to meet the setback criteria on both sides of the building, and the existing structures exceed the maximum lot coverage allowed under the bylaw. The existing condition plan shows the front yard setback of 29.1 ft. making it non-conforming, a side yard setback on the southwesterly side of the building as 9.7 ft., and on the northerly side of the building 7.9 ft. which are all non-conforming conditions. The existing lot coverage is 28.36%. The new structure improves the front yard setback from 29.1 ft. to 29.5 ft., improves the southwesterly side setback from 9.7 ft. to 10.5 ft., and improves the other side setback from 7.9 ft. to 10.2 ft. The proposed structure is essentially in the same location as the existing structure. Although a new septic system is proposed as part of the development. The swimming pool will remain, as well as the dock and float complex. The current dwelling is a single story structure with a walk-out basement that was built approximately 50 years ago. The new structure slightly improves those non-conforming setbacks and also slightly reduces the overall lot coverage from 28.36% to 27.16%, and by improving those setbacks, and installing a new Title 5 septic system and constructing a building which will conform to present day building code criteria will be an improvement to the site conditions rather than creating a situation that is substantially more detrimental than what currently exists. The new plan also has a garage, and sufficient parking. Dave does not have any issues with this project. Chris Gallagher did not have any issues. Mr. Furbush polled the Board and had no issues. The Board reviewed the topography of the lot and the height of the new building. Sharon read the Conservation Department and Board of Health comments into the record. Mr. Goldstein made a motion that the Board approve the Special Permit request for the raze and replace project at 118 Wading Place Road with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 11