04/12/2023 ZONING BOARD OF APPEALS Decision

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Tows, of Mashpee .16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2023-23 Owners, William P. Ludwig and Doc.: 1259755 Judith S. Ludwig Ctf.: 205143 18 Strawberry Lane (Map 112 Parcel 101) Mashpee, MA 02649 A Petition was filed on March 12,2023 by Owners, William P. and Judith S. Ludwig requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze a pre-existing, non-conforming single-family dwelling and replace it with a new single- family dwelling on property located in an R-3 Zoning District, at 18 Strawberry Lane, Map 112 Parcel 101,Mashpee, MA. 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 March 24, 2023 and March 31, 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, April 12, 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, and Associate Members, Sharon Sangeleer and Robert Caggiano. Attorney Christopher Kirrane represented the applicants for 18 Strawberry Lane. Also present was K. Marshall Works, and the homeowners were present in the audience. Attorney Kirrane mentioned that this property is not in a flood zone, so there are no coastal issues with this project. The property is located in the R-3 Zoning District. Attorney Kirrane mentioned that every other property on this street is located within the Popponesset Overlay District except for this property. This lot is situated on the front of both Strawberry Lane and Spoondrift Way and needs to meet the 40 ft. setback on both streets. This lot is 12,885 sq. ft. and is non-conforming because it does not meet the 40,000 sq. ft. requirement. Additionally, this existing structure does not meet any of the minimal dimensional requirements.The lot does not meet the front yard setback to Strawberry Lane, at 23.2 ft., it does not meet the front yard setback to Spoondrift at 24.9 ft. 1