03/13/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 13,2024 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan—Prepared for Ilia 1. Ilin, 18 Neshobe Road,Mashpee,MA. Scale: 1"=20',Date: January 17, 2024. Prepared and Stamped by: John Doyle, PLS,No.: 33589. 3. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health, Conservation Dept., and Building Dept. comments. 4. The Board finds that the proposed project under §174-17 is not substantially more detrimental than the pre-existing,nonconforming structure or use to either the Town or the neighborhood. Mr. Furbush second. All were in favor. 29 Riverside Road: Owners,Russell J. and Anne E. Spencer request a Special Permit under§174- 17.1 of the Zoning Bylaws to raze a pre-existing, nonconforming single-family dwelling and replace it with a new single-family dwelling on property located in an R-3 Zoning District, Map 119 Parcel 81, Mashpee, MA. (Continued from December 13, 2023;January 24, 2024 hearings at the request of the Attorney). Sitting on this hearing is Acting Chair, Ms. Sharon Sangeleer, Board Members,Mr. Blaisdell, Mr. Goldstein, Mr. Reidy, and Mr. Caggiano. Attorney Christopher Kirrane represented Russell and Anne Spencer, Owners of 29 Riverside Road located on Seconsett Island. Also present was Tom Bunker, Project Engineer with BSS Design. The owners are requesting a Special Permit under §174-17.1 to a raze a pre-exiting, non- conforming two (2) bedroom house, and replace it with a single-family dwelling and a detached garage located in the R-3 Zoning District. The property consists of a single story two (2) bedroom ranch style home that was built in the 1950's, that is located closest to the street along Riverside Road. There are also three (3) other cottages on the property which will remain, and has no proposed work. The existing two bedroom structure to be razed is non-conforming in three aspects. It is non-conforming on the northerly side yard setback at 9.7 ft. from the property line where 15 ft. is required. It is also non-conforming from the 50 ft. setback to wetlands because the lot is partially located in the(LSCSF)Land Subject to Coastal Storm Flowage, and the existing lot coverage is non-conforming at 32.36%where 20% is required. The property contains a total of 31,300 sq. ft. including LSCSF of land where 40,000 sq. ft. is required. The lot size is 12,100 sq. ft. excluding land that is within the coastal storm flowage area. There are no new non-conformities being created, and eliminating the side yard non-conformity from 9.7 ft. to 15.1 ft., and there is no increase from the 50 ft. setback from wetlands. 2