04/12/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS APRIL 12,2023 The southwesterly side yard setback is 10.9 ft., and the northerly side yard setback is 14 ft. where 15 ft. is required on both sides. The current lot coverage is non-conforming at 22.7% but will decrease to 20.37%. The house itself is a unique 1970's square structure with an indoor pool that is situated in the middle. The proposal will be eliminating two of the non-conformities. Both side yard non- conformities will be at 19.7 ft. at the northerly side yard setback, and 15.5 ft. on the southwesterly side yard setback. Both the front yard setbacks are improving. The Strawberry Lane lot line will improve from 23.2 ft. to 31.4 ft., and the Spoondrift Way lot line at 24.9 ft. to 27.8 ft. The lot coverage is decreasing from 22.7%to 20.37%. There are no new non-conformities being created. A garage is being proposed and will provide sufficient parking as required. Attorney Kirrane suggested to the Board that this project is not substantially more detrimental to the neighborhood than what currently exists given the fact that the proposal is eliminating two non-conformities,and the three remaining non-conformities are improving. This redevelopment is certainly consistent with other projects located on Spoondrift Way. The new construction will be building code compliant, it will have a new Title V Septic System installed. There will also be drywells installed on the lot as part of this improvement project. The height of the dwelling will be 28 ft. from the average natural grade, and is under the 35 ft. maximum. Mr. Blaisdell asked Attorney Kirrane why he applied for both Sections 174-17 and 174-17.1. Attorney Kirrane said given the future potential changes to the bylaw,he is covering all his bases. There were no other questions from the Board. Ms. Sangeleer read Conservation Department comments into the record; "not in wetlands jurisdiction", and the Board of Health comments were read into the record; "Approval for a 3 bedroom floor plan submitted electronically on 3/30/2023. No doors on the "Den" with cased opening on first floor,and cased opening to room on second floor labeled Playroom/sewing room." Attorney Kirrane submitted revised plans and was reviewed by the Board of Health Agent, and was approved. Mr. Bonvie made a motion to close the public hearing to comments for the 18 Strawberry Lane hearing. Ms. Sangeleer seconded,yes,Mr. Caggiano,yes,Mr. Bonvie, yes, Mr. Blaisdell,yes, and Mr. Furbush, yes. Mr. Bonvie made a motion that the Board issue a Special Permit to Owners, William P. and Judith S. Ludwig. Mr. Blaisdell wanted to know if the Board should be approving the project under both Section 174-17.1 and 174-17 of the bylaws. There is concern that the bylaw will be removed. 6