03/28/2012 ZONING BOARD OF APPEALS Decision

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Town q f Mashpee y * � 16 Great JN"eek J�oad Nbrth Jklashpe.e,Massachusetts 09649 MASHPEE ZONING BOARD OF APPEALS Decision for a Written Finding Finding-2012-13 Alfred J. Clemens Certificate of Title: 194195 58 Spoondrift Way Land Court Lot#: 151 Mashpee, MA 02649 Plan 11408-24 (Sheet 2) Map 112 Parcel 38 i A Petition was filed on March 2, 2012 by Alfred J. Clemens requesting a Written Finding under Section 174-17 of the Zoning By-laws and as defined under M.G.L. Chapter 40A Section 6 to demolish a pre-existing, non-conforming structure and replace it with a single-family dwelling on property located in an R-3 zoning district at 58 Spoondrift Way(Map 112 Parcel 38) 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 March 9, and March 16, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on March 28, 2012. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth, Ronald S. Bonvie and Associate Member Judith M. Horton. 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. Attorney Kevin M. Kirrane represented the Petition and stated that plans call for demolition of the pre-existing, non-conforming dwelling on the non-conforming lot. The property slopes significantly from front to rear and is impacted by wetlands. The property is also an oddly-shaped pork chop and is very narrow near the street. The odd shape and impact of wetlands on the property restrict location of the proposal. Plans call for construction of a new four-bedroom home within the foot print of the existing dwelling. Proposed lot coverage will remain below the 20% maximum allowed. The new structure will meet the applicable front, side and rear setback requirements. The new deck will extend slightly beyond the existing footprint but will not be any closer to the wetland resource area than what currently exists. The Board of Health has restricted the proposed dwelling to four bedrooms. Several comments were received from abutters expressing concern about the proposal blocking their views. The Board explained that the ZBA does not have jurisdiction over views.