01/10/2024 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 . nil � i '-- MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2024-04 Owners, Patrick J. Dale and Doc.: 1482578 Rickart A. Connole, Trustees of the Ctf.: 233172 366 CS Realty Trust 279 Monomoscoy Road Map 120, Parcel 37 Mashpee,MA 02649 A Petition was filed on November 15, 2023 by Owners, Patrick J. Dale and Rickart A. Connole, Trustees of the 366 CS Realty Trust requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing, nonconforming three bedroom dwelling, and replace it with a new three bedroom dwelling with a detached garage on property located in an R-3 Zoning District, at 279 Monomoscoy Road, Map 120, Parcel 37, 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 December 15,2023 and December 22,2023 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, January 10, 2024 at which time the following members of the Board of Appeals were present and acting throughout; Chair, Ronald Bonvie, Vice Chair, Sharon Sangeleer, and Board Members, William A. Blaisdell,Jonathan Furbush, and Associate Member, Charles Reidy. Attorney Kevin Klauer represented the homeowner, Patrick Dale who was present and is seeking to raze and rebuild a pre-existing, single-family residential structure. The property is approximately 16,000 sq. ft. and is located in an R-3 residential neighborhood, and is within the AE 11 flood zone. Presently there's a three-bedroom single family dwelling with a detached shed with a total footprint of 1,587 sq. ft. The existing dwelling is nonconforming, and the shed is over 120 sq. ft. and is also nonconforming. There are a number of nonconforming setbacks on the property. The front setback is 17.5 ft.where 40 is required. The side yard setback to the shed is .6 ft. where 15 ft. is required. The house is also nonconforming at 26.2 ft. to the wetlands where 50 ft. is required. The lot is undersized by current standards. 1