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f ; ym Town of Mashpee <br /> 16 Great Neck Road North <br /> ., Mashpee, MA 02649 <br /> 10 l JJ, . <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2022-56 <br /> Owners, Steven Fagell and Doc.: 1255313 <br /> Phyllis Fagell Ctf.: 204590 <br /> 2 Cross Tree Way <br /> (Map 112 Parcel 19) <br /> Mashpee, MA 02649 <br /> A Petition was filed on October 19, 2022 by Owners, Steven and Phyllis Fagell requesting a <br /> Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace a pre- <br /> existing, nonconforming single-family dwelling on property located in an R-3 Zoning District, at <br /> 2 Cross Tree Way, Map 112 Parcel 19, Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in <br /> the Town of Mashpee,on November 11, 2022 and November 18,2022 a copy of which is attached <br /> hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, December <br /> 14, 2022 at which time the following members of the Board of Appeals were present and acting <br /> throughout; Acting Chairman, Ron Bonvie, Norman J. Gould, Associate Members, George <br /> Ganzenmuller, Brad Pittsley, and Robert Caggiano. Also present was David Morris, Building <br /> Commissioner. <br /> Attorney Christopher Kirrane represented the homeowners request for a Special Permit. Also <br /> present was Mr.Lizardi-Rivera,and Rob Bramhall,Building Contractor.The lot consists of 31,216 <br /> sq. ft. with 105 ft. of frontage along Cross Tree Way and is pre-existing non-conforming. <br /> The existing structure itself is non-conforming from the wetlands setback, and also non- <br /> conforming on the southeasterly side yard setback at 10.8 ft. The front yard, rear yard, <br /> northwesterly side yard, lot coverage, and height are all conforming. The new single-family <br /> dwelling will be conforming in all aspects other than the wetland setback. The current non- <br /> conforming side yard setback will be eliminated. The setback to wetlands is currently 7.9 ft. and <br /> will improve to 14 ft. from the pool. The dwelling will be setback 42 ft. from the existing wetland <br /> resource area. This project has been issued an order of conditions from the Conservation <br /> Commission. <br /> 1 <br />