04/26/2023 ZONING BOARD OF APPEALS Decision

Home Browse Search

Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2023-26 Owners, Ryan Lenhart and Doc.: 1336654 Kristen Lenhart Ctf: 214946 81 Bluff Avenue Map 118 Parcel 60 Mashpee, MA 02649 A Petition was filed on March 17,2023 by Owners,Ryan and Kristen Lenhart requesting a Special Permit under§174-17.1 and §174-33 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 and the Popponesset Overlay Zoning District(s), Map 118 Parcel 60, 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 April 7, 2023 and April 14, 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 26, 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, Scott Goldstein, and Associate Member, Brad Pittsley. Attorney Christopher Kirrane represented the applicants requesting to raze their existing three- bedroom home and replace it with a new code compliant three-bedroom home located in the Popponesset Overlay District. Also present was Mark Dibb with Cape &Islands Engineering. The existing lot is totally within the flood zone and is considered a non-conforming condition. The minimum lot size in the Popponesset Overlay District is 6000 sq. ft., but this lot exceeds the required lot coverage given the fact it is within Land Subject to Coastal Storm Flowage(LSTCSF). The lot does not meet the setback to wetlands, and is a non-conforming condition to the rear yard setback at 13.8 ft.where 15 ft.is required.Neither of the side yard setbacks are conforming at 11.6 ft. and 11.8 ft. The minimum requirement in the front is 25 ft., however the average measurement of the dwellings on either side of the proposed new dwelling is 20.75 ft. The existing house is 21.1 ft. and exceeds the average on either side which is a conforming condition. 1