10/25/2023 ZONING BOARD OF APPEALS Minutes (2)

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Town Of Mashpee , 16 Great heck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2023-62 Owner, Marcio DeJesus Bk.: 27340 42 Wheeler Road Pg.: 141 Map 57, Parcel 7 Mashpee, MA 02649 A Petition was filed on September 21, 2023 by 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, at 42 Wheeler Road, Map 57, Parcel 7, 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 September 29, 2023 and October 6, 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, December 13, 2023 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ron Bonvie, Board Member, Jonathan Furbush, and Associate Members, George Ganzenmuller, Charles Reidy, and Bradford Pittsley. Attorney Christopher Kirrane represented Mr. Marcio DeJesus, the applicant for the Special Permit, seeking to allow for the raze and replace of his house located on 42 Wheeler Road. The lot is approximately 1.4 acres which is just under the 80,000 sq. ft. requirement in the R-5 Zoning District and is considered non-conforming. The structure that is being replaced has only one non- conforming aspect; it's within the 50 ft. setback to the wetlands. The existing lot coverage is 11.3%,the proposed lot coverage is 12.1% and is well under the 20% requirement in the R-5 Zoning District. There are no flood zone issues, and no structure coverage issues. This project has been approved by the Conservation Commission at their hearings in November. The proposed structure will be moving slightly away from the wetlands, and an IA Septic System is being installed. There will be dry wells installed on the property to capture any water runoff, there are no new non-conformities being created. Attorney Kirrane stated that the height of the proposed structure is 23.8 ft. and is well under the 35 ft. allowed under Section 174- 31 of the Zoning Bylaws. 1