03/09/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION WITHDRAWAL OF A VARIANCE Owners, BEC MA Properties, LLC 42 Spoondrift Way(Map 111 Parcel 127) Mashpee, MA 02649 V-2022-11 There was a question regarding the building height measurements taken at the average of the four corners of the house on the existing grade. The Attorney said that this project will be an improvement of the existing conditions, and will be a code compliant home, and flood zone compliant. There's an existing shed that will be removed. The new house is moving further from the left side line. Although the request is for a Variance of the front yard setback, the distance between the abutting lots will be increasing on both sides, and the Conservation Commission has approved an extensive mitigation plan for the resource areas. The Variance request is for the front yard setback in the amount of 3.8 ft., and Attorney Kirrane believes the request is justified because of the unique features of the lot. There's a 9 ft. drop in the rear, there's a 50 ft. setback from the resource area, and there's a 40 ft. setback from the front property line. The Attorney said that the proposed will be similar to other homes in the area. The Board had a discussion concerning the front yard setback, and the percentage increase in lot coverage. They reviewed the comments from the Town Engineer and Town Planner and could not determine if a hardship is warranted. Attorney Kirrane asked for a continuance until the hearings dated April 13, 2022. On April 13, 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, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. Attorney Kirrane represented the applicant. At the last hearing the Board raised some concerns regarding the Variance request for the front yard setback, and lot coverage at the 30% range. The design team took a second look at the project, and have redesigned the home, and the Variance request for the front yard is no longer necessary because it now meets the 40 ft. setback requirement. The development team has reduced the size of the structure, and the lot coverage is under 25%. This is based on the proposed 9,000 sq. ft. of upland. He said that a Variance is no longer required for the front yard setback, and there are no changes to the flood plain. Attorney Kirrane requested a withdrawal of the 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. 2