03/08/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 8, 2023 Sitting on this hearing are the four regular Board members, and Associate Member, Charlie Reidy. 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. (Continued from February 22, 2023 hearings). Attorney Christopher Kirrane represented the applicants for their request of a Special Permit. Also present was Tim Luff, Archi-Tech Associates. The hearing was continued after some discussion between the Board members and the Building Commissioner about the setback to the rear property line. The existing setback was 3.8 ft., and the Board asked if there could be any further accommodation made to that setback. The site plan was revised that shows the stairs are now setback 10.1 ft., from the rear property line, that was originally 7.9 ft. The foundation is now 13.6 ft. from the property line, was 11.8 ft., which is an additional 2 ft. removed from the setback. This is a substantial improvement over what exists. There are no new non-conformities being created. The house in all other respects is conforming, and will remain conforming. The lot coverage was reduced from 20.9% and is now 20%. Mr. Morris said that he spoke to the abutters and told them that the applicants were allowed to remain at the original setback,but as a neighborly gesture he asked Mr. Coffey that if the applicant moved the setback to 10 ft. would he be in agreement, and he said; yes. At the last meeting, he said that as well. Mr. Morris is very comfortable with the proposal. Mr. Furbush wanted to confirm with the Building Commissioner that he considered that this project is now a lawful pre-existing non-conforming structure. Mr. Morris said; yes. Mr. Reidy thanked Attorney Kirrane, and Mr. Luff for making accommodating the abutters request. Mr. Bonvie commented that in his opinion it still does not meet the rear yard setback. Mr. Blaisdell commented that the project has improved the pre-existing non-conforming setback. Mr. Reidy read the Board of Health comments dated March 6, 2023 into the record; Septic plan has been submitted to Health Department with new slope elevations. To remain 3 Bedroom. No further comment. Mr. Blaisdell read the Conservation Department comments dated March 6, 2023 into the record. No wetlands jurisdiction. 7