01/11/2023 ZONING BOARD OF APPEALS Decision

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Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 m' 0:5 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2023-02 Owners, Samuel Ordonez and Doc.: 1458939 Cielo Ordonez Ctf.: 229929 49 Clover Lane (Map 27 Parcel 94) Mashpee, MA 02649 A Petition was filed on November 29, 2022 by Owners, Samuel and Cielo Ordonez requesting a Special Permit under §174-17.1 of the Zoning Bylaws to allow for a raze and replace of a pre- existing non-conforming single family dwelling on property located in an R-3 Zoning District, and Popponesset Overlay District, at 49 Clover Lane, Map 117 Parcel 328, 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 Friday, December 16, 2022 and Friday, December 23, 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, January 11, 2023 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie,Norman J. Gould, and Associate Member, Charles Reidy. Attorney Kevin Kirrane represented the homeowners request for a Special Permit to raze and replace a single family structure. Also present was Mark Flaherty,Engineer who prepared the site plans.As indicated in the written presentation,the lot is 6,500 sq. ft. with 100 ft. of frontage along Clover Lane, and 65 ft. of frontage along Bearse Road. There is currently a single family two bedroom residential structure on the lot consisting of 800 sq. ft. The building was constructed in the 1940's. The applicants seek to raze and replace the current structure with a new two and a half story, three (3) bedroom structure of 1,100 sq. ft., and an in-ground pool. There is a two foot overhang on the second floor which has been calculated into the lot coverage. The existing structure is non-conforming at 21.5 ft., and fails to meet the 25 ft. front yard setback requirement to Clover Lane. It also fails to meet the 15 ft. southerly side yard requirement which is currently 10.6 ft. This entire lot is within the flood plain. 1