09/27/2023 ZONING BOARD OF APPEALS Minutes (2)

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Town o,f Mashpee . 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2023-54 Owners, William P. Simmons and Doc.: 814492 Roxanne M. Simmons Ctf.: 159490 339 Monomoscoy Road Map 120 Parcel 26 Mashpee,MA 02649 A Petition was filed on August 16, 2023 by Owners, William P. and Roxanne M. Simmons requesting a Special Permit under§174-17.1 and§174-33 of the Zoning Bylaws to raze and replace a pre-existing, non-conforming single family structure on property located in an R3 Zoning District, at 339 Monomoscoy Road, Map 120, Parcel 26, 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 August 25, 2023 and September 1, 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, October 25, 2023 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ron Bonvie, Board Members, Sharon Sangeleer, Jonathan Furbush, Scott Goldstein, and Associate Member, Charles Reidy. Attorney Christopher Kirrane represented the Owners, William and Roxanne Simmons who are requesting a Special Permit under Section 174-17.1 to raze and replace a pre-existing non- conforming single-family dwelling and replace it with a new single family dwelling. The project also requires relief under Section 174-33 due to the fact that the existing structure is wholly within Land Subject to Coastal Storm Flowage (LSTCSF). This is a unique property because the flood zone bisects half way through the lot. The entire lot is 54,100 sq. ft., and deducting the flood zone the lot is 34,100 sq. ft. and has less than 150 ft. of frontage along Monomoscoy Road. The lot is non-conforming because it does not meet the minimum size requirements and frontage in the R-3 Zoning District. The structure itself is conforming to the minimal dimensional requirements other than the 50 ft. setback from the wetland resource areas. The lot coverage is 12.53% deducting the wetlands. 1