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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, Desmond M. Kelly and Joan H. Kelly <br /> 5 Shore Drive (Map 112 Parcel 73) <br /> Mashpee, MA 02649 <br /> SP-2023-11 <br /> Mr.Kirrane reiterated that significant changes were made to the plans to accommodate the abutting <br /> property. The existing dwelling is currently 3.8 ft. away from the property line, the foundation is <br /> now 13.6 ft. away. The bylaw would allow a two-foot cantilever encroachment of the 15 ft. <br /> setback. This project meets all the requirements of a raze and replace,and is not substantially more <br /> detrimental than the existing house. This house is fairly close to Wading Place Road, and he <br /> provided photos of homes that are fairly close to this neighborhood that are similar in size and <br /> character that the Board approved in the past. Mr. Kirrane said that this is a building code <br /> compliant structure, and there will be sufficient parking as required. This home is not within the <br /> wetlands resource area as the Conservation Commission confirmed. <br /> Mr. Morris, Building Commissioner said that he spoke to the abutters and told them that the <br /> applicants were allowed to remain at the original setback,but as a neighborly gesture he asked Mr. <br /> Coffey that if the applicant moved the setback to 10 ft. would he be in agreement, and Mr. Coffey <br /> said; yes. Mr. Morris said approves of the revised proposal. <br /> Chairman Furbush wanted to confirm with the Building Commissioner that he considered that this <br /> project is now a lawful pre-existing non-conforming structure. Mr. Morris said; yes. <br /> GENERAL CRITERIA <br /> The subject property located at 5 Shore Drive is approximately 10,185 square feet. <br /> Mr. Coffey, a direct abutter was present. He expressed concerns regarding the setbacks of the rear <br /> stairway, and foundation. <br /> The Board of Health comments dated March 6, 2023 were read into the record; "Septic plan have <br /> been submitted to the Health Department with new slope elevations. To remain a three (3) <br /> bedroom."No further comment. <br /> The Conservation Department comments dated March 6, 2023 were read into the record. "No <br /> wetlands jurisdiction." <br /> Mr. Reidy thanked Attorney Kirrane, and Mr. Luff for making accommodating the abutters' <br /> request. <br /> Mr. Gould asked Attorney Kirrane if his client would agree to some screening of plants to help <br /> with the abutter's privacy concerns. <br /> 2 <br />