12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee 16 Great Neck Road North u Mashpee,MA 02649 MASHPEE ZONING BOARD OF APPEALS PUBLIC HEARINGS NOTICE 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:Ilwww.mashpeema.gov/channel-8 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 1.8,397 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. 33 Sunset Circle: Owners, Kevin and Suzanne C. Mulgrew, Trustees of the 33 Sunset Circle Realty Trust request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction and extension of an existing deck to a pre-existing, nonconforming structure on property located in an R-5 Zoning District, Map 64 Parcel 28, Mashpee,MA.The subject property has the following pre-existing nonconformities: minimum lot area and setback to water and wetlands. The Board will determine whether or not the proposed deck extension will be substantially more detrimental to the neighborhood as required prior to taking action on the request for a Written Finding. The subject lot size is 18,640 sq. ft. where 80,000 sq. ft. is required. The existing structure is more or less bisected by the 50 ft. buffer line from water and wetlands, and the entire deck proposed to be rebuilt is totally within the 50 ft. setback to water and wetlands. The applicant proposes to add 686 sq. ft. to the overall deck area increasing the nonconforming nature of the setback to water and wetlands by 6 ft. Additionally, the applicant proposes to add an additional 80 sq. ft. of deck area to the northerly side within the setback to water and wetlands. 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.The subject property has the following pre-existing nonconformities:minimum side yard setback, lot coverage, and setback to water and wetlands. The Board will determine whether or not the proposed replacement dwelling has adequate parking and that any nonconforming aspects of the replacement dwelling are not substantially more detrimental to the neighborhood. 1