05/22/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS MAY 22, 2024 37 Amy Brown Road: Owner, Bryan W. Anderson requests a Special Permit under §174-17.1, §174-17, and §174-33 of the Zoning Bylaws to raze a pre-existing, non-conforming single-family structure, and replace it with a new single-family residential structure, and a detached garage located in the R-3 Zoning District, Map 109, Parcel 4, Mashpee, MA. Attorney Christopher Kirrane requested a continuance until Wednesday, July 10, 2024 to allow time for the submittal of the architectural plans. Mr.Furbush made a motion to accept Attorney Kirrane's request for continuance until Wednesday, July 10, 2024. Ms. Sangeleer second. All were in favor to accept the continuance until Wednesday,July 10,2024. 104 Lakewood Drive: Petitioner, Mark Bannon requests a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing,non-conforming single-family structure, and replace it with a new single-family structure and accessory stairway on property located in an R-3 Zoning District (Groundwater Protection Overlay District), Map 28, Parcel 164, Mashpee, MA. (Owners of record: John J. Marsters and Debra A. Marsters). Attorney Christopher Kirrane represents the Petitioner,Mark Bannon who purchased this property to raze and rebuild a single family dwelling. The hearing notice stated R-3, but it is actually in the R-5 Zoning District. This is a pre-existing, non-conforming structure as to the northerly side setback at 7.4 ft. the existing structure is also non-conforming as to the rear yard setback at 8.6 ft., and is non-conforming as to setback to wetlands. The site plan depicts an inland bank, and the structure is within 50 ft. of that inland bank. The structure is non-conforming in the R-5 District which requires 80,000 sq. ft. Removing or deducting the right-of-way, and deduct the wetlands, the lot size is 11,508 ft. The existing dwelling based on the lot coverage calculation is 7.5%. The existing house is a basically dilapidated. The new structure will be removed from the resource area off the inland bank, and will eliminate all the non-conformities. The side yard setback will become conforming, the rear yard setback will become conforming. The setback to wetlands will be non-conforming because of the stairway that benefits down the inland bank and not to disrupt the resource area. There is natural vegetative screening to provide stabilization to the bank. The proposed structure is larger, but the lot coverage will be 17.1% which is under the maximum allowed 20%in the R-5 Zoning District. The Conservation Commission has approved this project and is a better situation than what exists given the condition of the structure, and the location of the structure on the inland bank. The Board can find that this proposal will not be substantially more detrimental than what exists. This lot is under the Phase 2 Sewer and the Board of Health allows for the proper variance to put in the standard system until the new sewer project is completed. 14