01/12/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 12,2022 30 Sand Dollar Lane: Owners,Jody and Alexandra Simes request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a three bedroom single family residence with a new three bedroom residence on property located in an R-3 Zoning District, Map 105 Parcel 84, Mashpee, MA. Sitting on this hearing were Chairman Furbush, Mr. Blaisdell, Mr. Ganzenmuller, Mr. Reidy, and Mr. Caggiano. Attorney Kevin Kirrane represented the homeowners for their raze and replace project located on a cul-de-sac in the Summersea section of New Seabury.Also present was Kevin Dufane who designed the building, and Andrew Garaway who designed the landscaping plan. Mr. Kirrane provided the Board with site plans and his written presentation. The lot consists of 10,900 sq. ft. and backs up along Ockway Bay as noted on the existing conditions plan, and constitutes a non-conforming lot. The lot has been approved for a 3- bedroom single story structure with an attached accessory garage. The existing structure and garage are non-conforming in several respects including the side yard setback on the southwest side of the lot and the wetland resource areas. The lower level of the dwelling is below the flood elevations. The lot also exceeds the current lot coverage criteria at 23.43% and does meet the current front and side yard setback criteria. The proposed plan of the structure improves some of the non-conformities that currently exist on the site. The non-conformity on the westerly side of the property remains from 8.4 ft. to 9.5 ft. from the marsh. The new structure will be further away from the wetland resource areas. In addition, the proposed lot coverage is somewhat reduced from 23.43% to 23.35%.The replacement of the non-conforming garage improves the front yard setback; from 34.5 ft. to 34.1 ft., and the side yard will improve from 10.8 ft. to 11 ft. and 11.2 ft. as compared to 10.9 ft. The proposed garage is attached to the existing proposed non- conforming structure. The proposed new construction of the dwelling will be raised above the flood plain elevation. The proposed new structure will become a two-story dwelling. This project was approved by the Conservation Commission. There was some concerns raised by the abutting neighbor regarding certain plantings, but a new plan was designed as requested by the Conservation Commission. There will be a new Title 5 septic system installed to keep up with current day code requirements. The majority of the non-conformities have improved, and concluding Mr. Kirrane suggested to the Board that the current 50 year old structure in the flood zone, and replacing it with a new code compliant structure out of the flood zone, is not sustainably more detrimental than what currently exists. He noted that a certificate was submitted from the New Seabury ARC who approved the proposed structure. 3