02/22/2023 ZONING BOARD OF APPEALS Decision

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Town of Mashpee .. �, 16 Great Neck.Road North ��a , " Mashpee, MA 02649 Ik MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2023-14 Owners, Arnold R. Henderson,Jr. Bk.: 21272 and Jeannette A. Gerald Pg.: 107 31 Quaker Run Road Map 83 Parcel 8-0 Mashpee, MA 02649 A Petition was filed on January 20, 2023 by Petitioner, Otavio Oliveira Construction, Inc. requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre- existing non-conforming single family residential dwelling with a new single family residential dwelling on property located in an R-3 Zoning District, Map 83 Parcel 8-0, Mashpee, MA. (Owners of Record: Arnold R. Henderson, Jr. and Jeannette A. Gerald). 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 January 27, 2023 and February 3, 2023 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,February 22, 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, Robert Caggiano. Mr. Aderlon Netto, Building Contractor, and Brock Tucy, Excavation Contractor represented the homeowners for their raze and replace project. A building permit was originally issued for a renovation to the pre-existing non-conforming dwelling. After careful consideration and discussion,the homeowners decided to remove the existing building foundation and rebuild a code compliant home in the original footprint. As depicted on the site plan,the pre-existing dwelling is conforming on the south east side setback at 15.9 ft., is 16 ft. from the northwest setback, and 15.7 ft. from the rear setback. But is pre- existing non-conforming from the front setback at 33.9 ft. A driveway will be created with a curb cut permit as required by the DPW. The existing dwelling has two bedrooms, and the proposed dwelling will have two bedrooms. The proposed dwelling height will be 24.3 ft. 1