01/26/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Laurie Mancinelli and Joseph Mancinelli 18 Wilson Grove (Map 118 Parcel 72) Mashpee, MA 02649 SP-2022-06 Attorney,Kevin Kirrane represented the homeowners for the raze and replace project.Also present was Brian Foley, with Clancy Construction. The Board opened and heard preliminary discussion back in January at which time the Attorney presented information relative to the raze and replace project. The Architect and Mr. Foley met with the Building Commissioner to discuss a proposed revision of the building design. The proposal involves a two (2) story structure, and is non-conforming because it fails to meet every setback criteria with the exception of the rear lot line. It also fails to meet the existing lot coverage criteria. This is a relatively small lot consisting of 3,600 sq. ft. Those conditions are improving notwithstanding that the building was moved 9" in the Southeasterly direction, and has improved on the Northwesterly side yard from 11.8 ft. to 12.6 ft. Also the opposite side yard setback was reduced from the previously proposed 5.5 ft. to 4.9 ft. but is still an improvement over the existing 2.3 ft. The redesign also increased the proposed lot coverage to 27.94%,which is still a slight improvement over the existing 28.17%. The front yard setback remains at 8.9 ft. improved to 8.4 ft. and the rear yard setback has been reduced slightly from 31.9 ft. to 26.9 ft.,but still in conformance with the 15 ft. rear yard setback criteria. Attorney Kirrane concluded that the building now complies with the height criteria, and is improving all the existing non-conformities on the site, and creating a condition which is not substantially more detrimental than what currently exists. Mr. Gallagher requested that the Board condition that a 12 inch drain inlet be installed in the middle of the infiltration chambers on the East side of the house. Mr. Morris had no issues since the plans were revised. He did not see any flood plain or zoning issues. The Board of Health comments dated February 23, 2022 were read into the record confirming the permitted three primary bedroom count. Also,read into the record were the Town Engineer comments requesting a 12" drain inlet be installed in the middle of the infiltration chambers on the East side of the house. The DPW Director requested that any storm water runoff be contained on the property. The Conservation Department approved the project. Attorney Kirrane explained that the lot coverage is based upon structures as they are situated on the lot, and there is a decrease in lot coverage. The proposed three bedroom is completely consistent with conditions on the site where there is already a three bedroom septic system. The Town Engineer has reviewed the plans and the drainage will be kept onsite so it will not impact abutting lot owners. 2