01/12/2022 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Jody Simes and Alexandra Simes 30 Sand Dollar Lane (Map 105 Parcel 84) Mashpee, MA 02649 SP-2022-02 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 at 8.4 ft. but will improve at 9.5 ft., and the wetland setback improves from 8.0 ft. to 17.0 ft. from the coastal bank, and 16 +/- ft. to 23 +/- ft. from the wetland marsh. In addition, the proposed lot coverage is somewhat reduced to 23.35% from the existing 23.43%. The replacement of the existing non-conforming garage improves the front yard setback from 34.1 ft. to 34.5 ft., and both side yard setbacks will improve from 10.8 ft.to 11 ft.and 11.2 ft. compared to 10.9 ft. The revised plan has the garage attached to the home and is now in conformity with the front yard setback. The proposed new construction of the dwelling will be raised above the flood plain elevation. A revised site plan was submitted because there was a slight error on the elevation plan under the notes. The height of the building will be 34 ft., and is still under the 35 ft. requirement under the zoning bylaw. The proposed new two-story dwelling was approved by the Conservation Commission. There were some concerns raised by an 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 code requirements. Mr. Kirrane suggested to the Board that the current 50 year old structure that is 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. A certificate was submitted from the New Seabury ARC who approved the proposed structure. The Board requested the hearing be continued to afford the applicant time to address their concerns whether or not the new building constituted a three story structure. It met the.35 ft. height requirement,but there were questions raised relative to the third story. There was also a question relative to bringing in fill so that the basement would not be considered a story. After that hearing, Kevin Dauphinais, met with Dave Morris, Building Commissioner and discussed modifications to the plan which would actually transform what was previously considered the second floor to a half story. The revised plans demonstrated the changes made to the design and floor plans. On Wednesday, February 9, 2022, Public Hearings were held on the Petition at the Mashpee Town Hall at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Norman J. Gould, and Associate Members, Mr. Reidy and Brad Pittsley. Also present was Dave Morris, Building Commissioner, and Chris Gallagher, Town Engineer. 2