06/12/2024 ZONING BOARD OF APPEALS Minutes

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a� q Town of Mashpee i�i. sera 16 Great Neck Road North r r Mashpee, MA 02649 w ��AUYdMUW e ayw JUNE 12, 2024 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 12, 2024, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Chairman, Ronald Bonvie, Board Members, Sharon Sangeleer, William Blaisdell, Jonathan Furbush, Scott Goldstein, and Associate Members, George Ganzenmuller, and Charles Reidy. Chairman Bonvie opened the meeting at 6:00 pm and announced that the hearings were being televised live on Mashpee TV. He will take comments after each hearing. 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-5 Zoning District (Groundwater Protection Overlay District), Map 28, Parcel 164, Mashpee, MA. (Owners of record: John J. Marsters and Debra A. Marsters). (Continued from May 22, 2024 hearings at the request of the Board). Attorney Christopher Kirrane represented the homeowner requesting a Special Permit to raze and replace a pre-existing, nonconforming single-family dwelling. At the last hearing, the project was well received by the Board however there was a question regarding a right-of-way that is shown on the site plan. The Board requested a determination of the extent to the right-of-way, and who has rights to that right-of-way. Attorney Kirrane provided a letter and several exhibits that detailed the history of the subdivision plan, depicting no access road to the property until years later when the abutting lot was combined with 104 Lakewood Drive. Attorney Kirrane believes that the right- of-way is configured totally for the property at 104 Lakewood Drive. Attorney Kirrane also noted that the direct abutter did not object to the location of the proposed new dwelling. Mr. Bonvie, Chair said he did extensive research regarding the right-of-way, and some members of the Board voiced their concerns regarding the setbacks from that right-of-way and would have preferred to have received a letter from the direct abutter that he did not object to the location of the new house. Attorney Kirrane suggested that the Board refer to their purview for the raze and replace of the dwelling which he believes meets the criteria for a Special Permit, and there is no structure being built on that right-of-way. The Board reviewed the site plan further and noticed a rock wall that extends through the right-of-way and would prefer that the rock wall be eliminated from the plan. 1