09/14/2022 ZONING BOARD OF APPEALS Minutes

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Town o,f`Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2022-32 Owners, Richard J. Bellew, Jr. and Doc.: 1447150 Aimee M. MacDonald-Bellew Ctf.: 228525 39 Kim Path(Map 117 Parcel 91) Mashpee, MA 02649 A Petition was filed on August 3, 2022 by Owners, Richard J. Bellew, Jr. and Aimee M. MacDonald-Bellew requesting a Special Permit under §174-17.1 of the Zoning Bylaws to allow for a raze and replace of an existing non-conforming single family dwelling with a new single family dwelling on property located in the R-3 and Popponesset Overlay Zoning Districts, 39 Kim Path, Map 117 Parcel 91, 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 August 12, 2022 and August 19, 2022 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, September 28, 2022 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,Norman J. Gould, and Associate Member Sharon Sangeleer. Attorney Christopher Kirrane represented the applicants for a raze and replace of a single family dwelling. Also present was Tom Bunker with BSS Design. This property is located in the R-3 and the Popponesset Overlay Districts. The structure itself is non-conforming as it fails to meet the front yard setbacks from both Shore Drive and Kim Path. The side yard setbacks are conforming and will remain conforming to the proposed project. There will be no new non- conformities created. The structure will be further away from both Shore Drive and Kim Path. The lot coverage will be well under the 25% that is allowed in this district. The property is consistent with other structures in the neighborhood that have been approved by the Board in the past. The new structure will comply with current building code requirements, and was approved by the Conservation Commission.