10/12/2022 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-2022-42 Owners, Donna Kelley Bonkowski and Doc.: 711540 Stephen J. Bonkowski Ct£: 146820 21 Overlook Knoll Road (Map 118 Parcel 35) Mashpee, MA 02649 A Petition was filed on August 30, 2022 by Owners, Donna Kelley Bonkowski and Stephen J. Bonkowski requesting a Special Permit under § 174-17.1 of the Zoning Bylaws to raze an existing non -conforming single family residential structure and replace it with a new single family residential structure on property located in an R-3 Zoning District, and the Popponesset Overlay District, at 21 Overlook Knoll Road, Map 118 Parcel 35, 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 September 16, 2022 and September 23, 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 Public Library on Wednesday, October 12, 2022 at which time the following members of the Board of Appeals were present and acting throughout; Acting Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, Norman J. Gould, and Associate Member, Brad Pittsley. Attorney Christopher Kirrane represented the application. The property has two front setbacks, one is on Seaview Avenue, and the other is on Overlook Knoll Road. The property is non- conforming in both aspects; 20.2 ft. from Overlook Knoll and 22.5 ft. from Seaview. The setback requirement is 25 ft. The lot is also non -conforming to the east of the side yard setback. The existing setback is 13.3 ft., and the westerly side is conforming at 16.9 ft. The current lot coverage is 21.8%, and the proposed will increase to 22.7%, but is still under the 25% requirement. The Overlook Knoll Road rear and front yard setback will remain the same; the Seaview Ave setback will improve slightly from 22.5 ft. to 22.8 ft. The side yard setback will become conforming from 13.3 ft. to 15.1 ft. There are no new non -conformities being created.