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Town of Mashpee <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> ,gym <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2023-05 <br /> Owners, George C. Silvestro, Jr. and Doc.: 1297629 <br /> Mary L. Silvestro Ctf.: 209960 <br /> 80 Waterway <br /> (Map 105 Parcel 214) <br /> Mashpee, MA 02649 <br /> A Petition was filed on December 14,2022 by Owners, George C. and Mary L. Silvestro, Trustees <br /> requesting a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre- <br /> existing, non-conforming single family dwelling,and replace it with a new single family dwelling <br /> on property located in an R-3 Zoning District, 80 Waterway,Map 105 Parcel 214, Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in <br /> the Town of Mashpee, on January 6,2023 and January 13,2023 a copy of which is attached hereto <br /> and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 25, <br /> 2023 at which time the following members of the Board of Appeals were present and working <br /> throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, <br /> Ron Bonvie, and Associate Members, George Ganzenmuller, and Charles Reidy. <br /> Attorney Christopher Kirrane represented the homeowners for the raze and replace project. Also <br /> present was Greg Siroonian with RESCOM. Mr. Kirrane provided the Board his written <br /> presentation, and an existing and proposed site plan. The existing structure was built in 1968, and <br /> is not building code or flood zone compliant. It is also non-conforming in several aspects. The <br /> front yard setback is 33.6 ft. and the requirement is 40 ft. The westerly side yard is 13.8 ft. and the <br /> requirement is 15 ft. The easterly side yard is 11.8 ft. existing, and the requirement is 15 ft. The <br /> setback to wetlands of the nearest structure is 16 ft. and the requirement is 50 ft. The lot is entirely <br /> within Land Subject to Coastal Storm Flowage(LSCSF),therefore the structure is non-conforming <br /> and exceeds the maximum allowable lot coverage (100%existing) and fails to meet the setback to <br /> wetlands (0' existing). <br /> 1 <br />