11/10/2021 ZONING BOARD OF APPEALS Minutes (2)

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Town O Mashpee 16 Great Xeck Ai.)ad Xorth aslzpee, l9'Iassachi4,setts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2021-61 Owners, Mark R. Galante and Robin L. Galante 164 Captains Row (Map 96 Parcel 28) Mashpee, MA 02649 Bk.: 23997 Pg.: 334 A Petition was filed on September 17, 2021 by Owners, Mark R. and Robin L. Galante requesting 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, at 164 Captains Row, Map 96 Parcel 28, 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 October 1, 2021 and October 8, 2021 a copy of which is attached hereto and made a part hereof. 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. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, November 10, 2021 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Scott Goldstein and Norman J. Gould, and Associate Member Brad Pittsley. 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. 1