11/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 10, 2021 3. House Plans: Prepared by: Roger 0. Hoit, AIA Architect, Additions and Renovations for Louis & Maria Pinheiro, 75 Sunset Circle, Mashpee, MA, Al: Existing Basement Floor Plan, A2: Existing First Floor Plan, A3: Existing Elevations,A4: Basement Floor Plan, A5: First Floor Plan,A6: Second Floor Plan, A7: Elevations, A8: Elevations, Scale: '/4"= 1', Dated August 24, 2021. 4. Conditioned on all Town Department comments read into the record. 5. Conditioned upon Conservation Commission's approval of the site plan that was submitted to Zoning. Any changes will require the applicant to return to the Zoning Board of Appeals. Mr. Gould seconded. All were in favor. Sitting on this hearing are the four regular Board members and Brad Pittsley. 164 Captains Row: Owners, Mark R. and Robin L. Galante request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a non-conforming ranch style single family residential structure with a new residential structure on property located in an R-3 Zoning District, Map 96 Parcel 28, Mashpee, MA. Attorney Kevin Kirrane represented the homeowners for their move and replace project. The site is a 15,520 sq. ft. lot in the R-3 Zoning District which requires 40,000 sq. ft. of lot area making this lot non-conforming. The lot has been developed with a single-story ranch style built in 1960 similar to other homes during that time. The existing residence sits only 12.9 ft. from its Northerly property line and only 41 ft. from the Mashpee River. The building does not conform to current day setback requirements which is 15 ft. from the property line and 15 ft. from the Mashpee River. The Town adopted a new bylaw Section 174-17.1 which will allow for the raze and replace of single-family residential structures provided that the Board can make a determination that the proposed new structure will not result in a condition that is substantially more detrimental to the neighborhood than the existing condition, and that there will be sufficient area on the lot to accommodate necessary parking and that no variance relief is required to achieve the end result. The proposed reconstruction will essentially eliminate both the non- conformities. The new structure will be situated 17 ft. from the Northerly side, and 53 ft. from the wetlands. The proposal was before the Conservation Commission but was continued to their next meeting in November. The new structure will be a substantial improvement and will be a two-story structure, will conform to all particular setback requirements, and will meet all present day code criteria, and will represent a substantial increase in the value of this parcel and abutting parcels. Mr. Furbush commented that he agrees that the house will be an improvement. 7