10/12/2022 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2022-43 Owners, Russell J. McDonald and Doc.: 1034523 Susan Hanley McDonald Ctf.: 180129 114 & 118 Ninigret Avenue (Map 65 Parcels 63 and 64) Mashpee, MA 02649 A Petition was filed on September 2, 2022 by Owners, Russell J. and Susan Hanley McDonald requesting a Special Permit under § 174-17.1 of the Zoning Bylaws to raze and replace a two bedroom cottage located on 118 Ninigret Avenue, and rebuild a new single family residential structure on properties 114 and 118 Ninigret Avenue, located in an R-3 Zoning District, at 114 and 118 Ninigret Ave., Map 65 Parcels 63 and 64, 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 Members, George Ganzenmuller and Robert Caggiano. Attorney David Lawler represented the homeowners for the raze and replace of a pre-existing, non -conforming dwelling on a non -conforming lot. Attorney Lawler met with Mr. Morris, Building Commissioner who recommended that the project be presented to the Board because it's pre-existing non -conforming, and requires zoning approval under the bylaw §174-17.1. The existing building located at 118 Ninigret has been on this lot since 1920, and is in disrepair. The homeowners would like to raze this house and replace it with a new code compliant home. Both lots 63 and 64 were combined, and are held in common ownership. The site plan depicts the existing two (2) bedroom house, and does not meet the side yard setbacks. The proposed new home will be constructed in the middle of the combined lots, and will meet all setback requirements.