03/09/2022 ZONING BOARD OF APPEALS Minutes

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' Town ofMashpee 16 Great Aleck Road JVorth Alashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION WITHDRAWAL OF A VARIANCE V-2022-11 Owners, BEC MA Properties, LLC Doc.: 1390516 42 Spoondrift Way Ctf.: 221878 (Map 111 Parcel 127) Mashpee, MA 02649 A Petition was filed on January 28, 2022 by Owners,BEC MA Properties,LLC requesting a Variance under §174-31 of the Zoning Bylaws to vary the front and side setback requirements, and lot coverage requirements to allow for a raze and replace of an existing single story residential structure with a new two story residential structure on property located in an R-3 Zoning District,42 Spoondrift Way,Map 111 Parcel 127,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 25,2022 and April 1,2022 a copy of which is attached hereto and made a part hereof. On March 9, 2022 the Board received an extension request for this petition by Attorney Kirrane to be heard at the public hearings on Wednesday, March 23, 2022. The Board accepted the continuance. On March 23, 2022, the Board opened the hearing and heard testimony on both the Variance and Special Permit petitions. Attorney, Christopher Kirrane represented the owner of the property. Also present was David Martin, Engineer, Stephanie Morrison, Architect, and Don Devaney, Builder. The application is for a raze and replace of an existing three bedroom home that was built in the 1960's as well as a request for a Variance from the front yard setback. The average setback request is for 30.8 ft. Variance, the proposed is 34.7 ft. The existing structures are currently 1,939 sq. ft. with a lot coverage of 25.5%which is non-conforming. The proposed structures are 2,982 sq. ft.with a proposed lot coverage 31.6%. The unique feature of this lot is a coastal bank that is broken up by an inlet or cove that is made up of Wetlands. The Board was never able to prove either way if the "Break" in the coastal bank was natural or manmade. The existing house is situated very close to the end of the"inlet"and situated in the middle of the lot. After the meeting with the Conservation Commission, a plan was submitted by the petitioner and approved which includes,but not limited to, constructing a new coastal bank where the "Break" exists in the coastal bank, which will make the bank a continuous coastal bank separating the property from the water. The plan includes filling in the resource area that will in effect increase the upland area on the lot. 1