04/12/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS APRIL 12,2023 The Board had a conversation regarding the potential change in the Zoning Bylaws. Chairman Furbush said that his understanding was once the bylaw is voted upon, and if passed, it has to be approved by the Attorney General's office. Mr. Bonvie said his understanding that there is case law stating when it begins and stops, and could be retroactive at the time of publication. Sitting on this hearing are the four regular Board Members, and Associate Member Brad Pittsley. 7 Pine Avenue: Owners, Michael D. and Kristin A. Bain request a Special Permit under §174- 17.1; §174-17; of the Zoning Bylaws and M.G.L. c. 40A Section 6 to raze a pre-existing, non- conforming single-family dwelling and replace it with a new single-family dwelling on property located in an R-3 Zoning District, Map 123 Parcel 30, Mashpee, MA. Attorney Kirrane requested a withdrawal of the application under Section 174-17,and M.G.L.40A Section 6. Mr.Bonvie made a motion that the Board accept the Attorney's request to withdraw the application for 7 Pine Avenue under Section 174-17, and M.G.L. 40A Section 6. Mr. Blaisdell seconded,yes, Mr. Pittsley, yes, Mr. Goldstein,yes, Mr. Bonvie,yes, Mr. Blaisdell, yes, and Mr. Furbush, yes. Attorney Kirrane represented the applicants for 7 Pine Avenue requesting to raze and replace an existing single family residential structure. The Attorney mentioned that this lot is not located in a flood zone, and is not under the Conservation Department's review. There was a request from the Board to show the height of the proposed dwelling, and a revised plan was submitted and is now compliant. A revised site plan dated 11/15/22 was also submitted showing drywells included on that revision. This lot is 11,000 sq. ft. and has 100 ft. of frontage and is non-conforming in the R-3 Zoning District. The house itself has two existing non-conformities. It is non-conforming to the front yard setback at 30.6 ft., and is non-conforming to the rear setback where it is 8.9 ft. Otherwise, both side yards are conforming, and the lot coverage is conforming at 15.7%. The new house will conform to all of the existing zoning requirements. The front yard setback will be 30.6 ft. to 40.2 ft. The rear yard setback will be going from 8.9 ft. to 31.6 ft. The lot coverage is increasing from 15.7% to 18.4% but is still under the 20% requirement. Attorney Kirrane said that there is no increasing the lot size or the frontage, all setbacks non-conformities are being eliminated. Mr. Goldstein asked how many bedrooms are being proposed. Attorney Kirrane said there is three exiting and three proposed bedrooms. Ms. Sangeleer read the Board of Health comments into the record; "Floor plan shows 3 bedroom, approved septic is for 3 Bedroom. No Comment." The Board reviewed the floor plans and noticed that there is a room titled"music room"but it does not have a window. s