02/22/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2023 6. The Board finds that the application as submitted §174-17 will not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood,and there is adequate land area to provide sufficient parking, and setbacks as may be required. 7. Conditioned on the Board of Health comments read into the record. 8. Conditioned on the DPW comments read into the record. Mr. Gould seconded, yes, Ms. Sangeleer, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, Mr. Furbush, yes. All were in favor to issue a Written Finding. Sitting on this hearing are the four regular Board members and Associate Member, Robert Caggiano. 5 Shore Drive: Owners, Desmond M. and Joan H. Kelly request a Special Permit under §174- 17.1 of the Zoning Bylaws to raze and replace an existing non-conforming single family residential dwelling with a new single family residential dwelling on property located in the R-3 and the Popponesset Overlay District, Map 112 Parcel 73, Mashpee, MA. Attorney Christopher Kirrane represented the homeowners for their Special Permit request to raze and replace their single-family pre-existing, non-conforming structure. Also present was Eka Labov with Archi-Tech Design. This is a structure that was built in the 1920's. There is one non-conforming aspect to the rear of the property line. The existing structure sits only 3.8 ft. from the rear property line. There are no new conformities being created, and improving the setbacks to the rear from 3.8 ft. to 11.8 ft. The lot coverage is increasing to 20.9%but still under the 25%lot coverage allowed in the Popponesset Overlay District. Mr. Kirrane mentioned that there are existing homes in the neighborhood that are similar in size and character. There are three criteria under Section 174-17.1 for the Board to consider and requires approval, 1) there are no new non-conformities being created, 2) there is sufficient parking (two spaces will be provided), and 3) the project is not substantially more detrimental to the neighborhood than what currently exists. The current house was built in the 1920's and is not building code compliant, and will be replaced with a new code compliant structure. The one non-conformity will be improving from 3.8 ft. to 11.8 ft. The only non-conformity is the stairway. 4