04/12/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Michael D. Bain and Kristin A. Bain 7 Pine Avenue (Map 123 Parcel 30) Mashpee, MA 02649 SP-2023-22 The front yard setback will be 30.6 ft. to 40.2 ft. The rear yard setback is existing at 8.9 ft. and proposed at 31.6 ft. The lot coverage is increasing from 15.7%to 18.4%but is still under the 20% requirement. Attorney Kirrane said that there is no increase in the lot size or the frontage; all setback non-conformities are being eliminated. Attorney Kirrane said there are no Conservation issues. The two existing non-conformities of the front and rear are being eliminated and the house will become conforming in the front, the rear, and to both side setbacks. There are drywells being installed on the property to capture any roof runoff. There are no new non-conformities being created. There will be paved parking in the front to provide sufficient parking.The new building will be code compliant,and is consistent with other structures in the neighborhood. The front elevation complies with the height requirement under the 35 ft., and there will be a new Title 5 septic system installed. Attorney Kirrane suggested to the Board that the new structure will not be substantially more detrimental to the neighborhood than what currently exists by eliminating the front and side non-conformities. GENERAL FINDINGS The subject property located at 7 Pine Avenue contains a total of 11, 000 sq. ft. of land. The exiting house has three bedrooms, and the proposed house will have three bedrooms. The Board of Health comments were read into the record; "Floor plan shows 3 bedroom, approved septic is for 3 Bedroom. No Comment. " The Conservation Department comments were read into the record: "No wetlands jurisdiction". The Board reviewed the floor plans and noticed that there is a room titled"music room"but it does not have a window. Mr. and Mrs. Sockbeson that reside at 294 Shore Drive are direct abutters to the subject property and had several questions on this project. Mr. Sockbeson mentioned that on the corner of Shore Drive and Pine Avenue is a historic area for flooding during rain events. Mr. Sockbeson wanted to know the actual height of the proposed house. He mentioned that the plan depicted mechanical equipment situated on his side of the house. He asked the Board if extra screening would help eliminate the noise. He asked if generators will be running during construction. He asked if the line of trees along the property line belong to his lot or the subject property. Mr. Bonvie mentioned that there is large impervious patio being proposed, and asked Mr. Dibb, with Cape & Islands if an additional dry well could be installed to help capture water runoff. 2