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Town of Mashpee <br /> . � 16 Great Neck Road.North <br /> $. Mashpee, MA 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2023-11 <br /> Owners, Desmond M. Kelly and Doc.: 956207 <br /> Joan H. Kelly Ctf.: 171978 <br /> 5 Shore Drive <br /> Map 112 Parcel 73 <br /> Mashpee, MA 02649 <br /> A Petition was filed on January 19, 2023 by Owners, Desmond M. and Joan H. Kelly request a <br /> Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace an existing non- <br /> conforming single family residential dwelling with a new single family residential dwelling on <br /> property located in the R-3 and the Popponesset Overlay District,at 5 Shore Drive,Map 112 Parcel <br /> 73, 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 27, 2023 and February 3, 2023 a copy of which is attached <br /> hereto 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,February 22, <br /> 2023, and was continued to Wednesday, March 22, 2023 at which time the following members of <br /> the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice <br /> Chairman, William Blaisdell, Board Members, Ron Bonvie, Norman J. Gould, and Associate <br /> Member, Charlie Reidy. <br /> Attorney Christopher Kirrane represented the applicants for their request of a Special Permit.Also <br /> present was Tim Luff, Archi-Tech Associates. The hearing was continued after some discussion <br /> between the Board members and the Building Commissioner about the setback to the rear property <br /> line. The existing setback was 3.8 ft., and the Board asked if there could be any further <br /> accommodation made to that setback. The site plan was revised that shows the stairs are now <br /> setback 10.1 ft., from the rear property line, that was originally 7.9 ft. The foundation is now 13.6 <br /> ft. from the property line, was 11.8 ft.,which is an additional 2 ft. removed from the setback. This <br /> is a substantial improvement over what exists. There are no new non-conformities being created. <br /> The house in all other respects is conforming, and will remain conforming. The lot coverage was <br /> reduced from 20.9%and is now 20%. <br /> 1 <br />