12/13/2023 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 AGENDA MASHPEE ZONING BOARD OF APPEALS WEDNESDAY, DECEMBER 13, 2023 The Mashpee Zoning Board of Appeals will hold Public Hearings on Wednesday, December 13, 2023, at 6:00 p.m. Waquoit Meeting Room Mashpee Town Hall, 16 Great Neck Road North, Mashpee, MA *Broadcast Live on Local Cable Channel 8* Streamed Live on the Town of Mashpee Website: https:llwww.mashpeema.gov/channel-8 PLEDGE OF ALLEGIANCE CONTINUED HEARINGS 48 Greenwood Road: Petitioners, Joyce A. and Daniel Marsters request a Variance under § 174-31 of the Zoning Bylaws to allow for construction of retaining walls on property located in the R-3 Zoning and Popponesset Overlay Districts, Map 117, Parcel 323, Mashpee, MA (Owner of record: Joyce A. Marsters, as Trustee of the Greenwood Trust). (A letter received from the Attorney dated November 30, 2023 requesting a withdrawal to be read into the record). 42 Wheeler Road: Owner, Marcio DeJesus requests a Special Permit under § 174-17.1 and § 174-33 of the Zoning Bylaws to raze an existing single family dwelling and replace it with a new single family dwelling on property located in the R-5 Zoning District, Map 57, Parcel 7, Mashpee, MA. (Continued from October 25, 2023; November 8, 2023 at the request of the Attorney). NEW HEARINGS 31 Birch Way, Owners, Gary J. and Denise M. Nagle, request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction of an existing garage, and porch addition to a pre-existing, nonconforming structure on property located in an R-5 Zoning District, Map 27 Parcel 86, Mashpee, MA. The subject property has the following pre-existing nonconformities: minimum lot area, minimum side yard setback, and setback to water and wetlands. The Board will determine whether or not the proposed garage reconstruction and porch addition will be substantially more detrimental to the neighborhood as required prior to taking any action on the request for a Written Finding. The subject lot size is 18,397 sq. ft. where 80,000 sq. ft. is required. The southwestern corner of the subject property is 12.3 ft. from the side lot line where 15 ft, is required, and the northeastern corner is 14.6 ft. from the side lot line. Additionally the existing deck is built within the 50 ft. buffer to water and wetlands. The applicant does not propose any increases to the existing nonconformities on the subject property.