03/28/2012 ZONING BOARD OF APPEALS Decision

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TllI/(� ClI -Mashpee C.ie. . �J ff 16 Gweat Af ck Aoad Arlh "Q xriII A ashpee,Massachusetts 02M40 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit SP-2012-14 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 A Petition was filed on March 2, 2012 by Alfred J. Clemens Requesting a Special Permit under Section 174-20 of the Zoning By-laws and as defined under M.G.L. Chapter 40A Section 6 to demolish a pre-existing, non-confolining 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 Petitions and stated that plans call for demolition of the existing, non-conforming, four-bedroom, two-story home on the non- conforming lot. The oddly-shaped property slopes significantly from front to rear and is impacted by wetlands. Construction of a new four-bedroom dwelling will remain mostly within the foot print of the existing home. 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. Proposed lot coverage will remain below the 20% maximum allowed. The new dwelling will meet the applicable front, side and rear setback requirements.. The Board determined that the Petitioner met the criteria for grant of a Written finding to allow for the proposal. The Board of Health has restricted the proposed dwelling to four bedrooms.