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04/26/2023 ZONING BOARD OF APPEALS Decision
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04/26/2023 ZONING BOARD OF APPEALS Decision
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12/19/2023 5:03:21 PM
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12/19/2023 3:28:41 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
04/26/2023
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, Jack Foster, Allyson Poole-Foster, and <br /> Lauren C. Foster <br /> 31 Wheelhouse Lane, Map 120 Parcel 165 <br /> Mashpee, MA 02649 <br /> SP-2023-25 <br /> The lot is totally within Land Subject to Coastal Storm Flowage (LSTCSF) which is non- <br /> conforming as to both lot coverage and the setback to wetlands.The structure lot coverage is 22.9% <br /> which is under the 30% requirement. The rear yard non-conformity setback will be improving <br /> from 15.3 ft. to 15.5 ft., and eliminating the southerly side yard non-conformity from 14.5 ft. to <br /> 15.5 ft. which will become a conforming condition. The structure coverage is increasing from <br /> 22.9%to 26.9%which is still under the 30% lot coverage. <br /> Attorney Kirrane stated for the record the reasons he believes the Board should approve this raze <br /> and replace project. He stated there are no new non-conformities being created, there will be a <br /> garage to provide sufficient parking, and this project will not be substantially more detrimental to <br /> the neighborhood than what currently exists based on the fact that there is an improvement on one <br /> non-conformity, and eliminating another non-conformity. There will be drywells installed on site, <br /> and the project was approved by the Conservation Commission. The building will be building code <br /> compliant, flood zone compliant, and is consistent with the other homes in the neighborhood. <br /> GENERAL FINDINGS <br /> The subject property located at 31 Wheelhouse Lane contains at total of 13,893 square feet of land. <br /> The minimum dimensional requirements for Little Neck Bay are as follows: <br /> Minimum lot size: 15,000 sq. ft. <br /> Front yard setback: 30 ft. <br /> Rear yard setback: 20 ft. <br /> Side yard setback is: 15 ft. <br /> Maximum lot coverage is: 30% <br /> There were no abutters present. <br /> The Board of Health comments dated April 21, 2023 were read into the record: "Needs a Title 5 <br /> Inspection.", and the Conservation Department comments were read into the record;"This project <br /> was approved by the Commission at their April 20`h public meeting. Order of conditions to be <br /> issued within 21 days of the date of approval. " <br /> SPECIAL PERMIT CRITERIA <br /> ARTICLE V -Nonconforming Buildings and Uses <br /> §174-17.1 Raze and Replace History:Added 10-15-2018 ATM,Article 16,approved by Attorney <br /> General 1-9-2019. <br /> 2 <br />
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