09/14/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Michael P. Muccio and Kelly L. Muccio Trustees of the 17 Overlook Knoll Road Realty Trust 17 Overlook Knoll Road(Map 118 Parcel 36) Mashpee, MA 02649 SP-2022-34 The new structure will remain non-conforming with the setback increasing from 22.2 ft. to 15.5 ft. from Seaview Avenue. However, the non-conformity on Overlook Knoll Road will improve from 21. 9 ft. to 22.5 ft., and the non-conformity on the easterly side setback will be eliminated and will improve from 7 ft. to 15 ft. The lot coverage will increase from 21% to 24.9% but is still under the 25%maximum requirement in the Popponesset Overlay District. Attorney Kirrane provided a table in his presentation that explained the required setbacks of the existing;and the proposed setbacks of the property.He believes that the Board can issue a Special Permit upon finding that there are no new conformities being created,that there will be sufficient parking as required, and that the proposed structure is not substantially more detrimental than what currently exists by eliminating the Overlook Knoll non-conformity, and the easterly side yard setback. The property is not within wetlands jurisdiction, and a new Title 5 Septic System will be installed. The new structure will conform to current building code requirements, and will be consistent with the newly constructed homes in the neighborhood. GENERAL CRITERIA The subject property located at 17 Overlook Knoll Road is approximately 6,375 square feet. There were abutters present concerned about the parking situation during construction of the dwelling. SPECIAL PERMIT FINDINGS The Board read the Conservation Department comments into the record; "the property is not within wetlands jurisdiction." The Board of Health Department comments were also read into the record;"The septic design plan has been approved for three bedrooms. The floor plans depict three bedrooms rooms that meet the Board of Health bedroom definition.The exercise room and the office in the basement cannot be considered or used as bedrooms as they do not have proper, legal egress. The raze and replacement of the dwelling will also require an asbestos and rodent inspection prior to approval of the demo/building permit.,, The Board determined there may be parking issues during the construction of the dwelling. SPECIAL PERMIT CONDITIONS ARTICLE V -Nonconforming Buildings and Uses §174-17.1 Raze and Replace History:Added 10-15-2018 ATM,Article 16,approved by Attorney General 1-9-2019. 2