12/14/2022 ZONING BOARD OF APPEALS Minutes

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y, Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2022-58 Owner, Jessica Joy Wender-Shubow Bk.: 31518 22 Crescent Road Pg.: 158 (Map 57 Parcel 55) Mashpee, MA 02649 A Petition was filed on November 2, 2022 by Owner, Jessica J. Wender-Shubow requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing, non- conforming single-family dwelling on property located in an R-5 Zoning District, at 22 Crescent Road, Map 57 Parcel 55, 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 November 11,2022 and November 18,2022 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, December 14, 2022 at which time the following members of the Board of Appeals were present and acting throughout; Acting Chairman, Ron Bonvie, Scott Goldstein, Norman J. Gould, Associate Members, George Ganzenmuller, and Robert Caggiano. Mr. Thomas Bunker,with BSS Design represented the homeowner for a Special Permit request to raze an existing non-conforming single-family dwelling to be replaced with a conforming single family dwelling located on a 2.90 acre lot. The existing home is located 13.7 ft. from the south property line, and 43 ft. from the wetlands on Johns Pond. The requirement is 15 ft. from the side yard setback, and 50 ft. from the wetlands. The new house will be constructed 15.5 ft. from the south property line, and 50 ft. from the wetlands. There is 400 ft. property line from Crescent Road that is not a defined right of way, and the house is 360 ft. from Crescent Road. There are two sheds on the property and one will be removed. The one cabin that is remaining with one bedroom only, is 340 ft. from Crescent Road. The total lot coverage by structures (without the shed) will be 2,165 sq. ft. (1.74% of upland area) and could be 2,331 sq.ft. (1.87%)if the shed is replaced on the property. The project was approved by Conservation, and the septic system will be more than 100 ft. from Johns Pond. I