11/09/2022 ZONING BOARD OF APPEALS Minutes

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Town o, f Mashpee 16 Great Neck Road North MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2022-46 Owners, Linda H. Pierce and David A. Pierce 44 Waterway (Map 105 Parcel 208) Mashpee, MA 02649 Mashpee, MA 02649 Doc.: 1296126 Ct£: 209761 A Petition was filed on September 15, 2022 by Owners, Linda H. and David A. Pierce requesting a Special Permit under § 174-17.1 of the Zoning Bylaws to raze and replace an existing non- conforming single family dwelling on property located in an R-3 Zoning District. Map 105 Parcel 208, 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 October 21, 2022 and October 28, 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, November 9, 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, Scott Goldstein, Mr. Norman J. Gould, and Associate Member, George Ganzenmuller. Attorney, Christopher Kirrane represented the homeowners for the raze and replace application. Also present was Tim Luff, with Archi-Tech Associates. The Attorney provided a site plan depicting the current 1968 dwelling layout, and the proposed new dwelling layout. The property is non -conforming in three ways. The front yard setback is only 5 ft. 9 inches, the setback from the northerly side yard is only 11.6 ft. from the property line, and the lot coverage is non- conforming at 22.5%, where the maximum allowed is 20%. The proposed structure will be serviced by a new Title 5 Septic System, and will be code compliant. There will be an improvement to the front yard setback from 5.9 ft. to 20.8 ft., and eliminating the non -conforming side yard setback. The lot coverage will remain the same at 22.5%. There are no new non -conformities being created. There will be a new garage, and a secondary driveway that will provide plenty of off-street parking. This project was approved by the Conservation Commission with 1,700 sq. ft. of mitigation plantings along the water's edge.