10/09/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 9, 2024 Attorney Kirrane wanted to comment on the concerns that were addressed by the abutters. He said that the driveway is not considered part of lot coverage, and the Board has conditioned that the applications include review and discussion with the Building Department regarding the tree bylaw. Mr. Milbury had a question regarding the ownership of the road as mentioned by the abutter. Chairman Bonvie will review the deeds especially with the abutter claiming ownership of Ned Besse. Attorney Kirrane asked for a continuance until November 13, 2024. Mr. Reidy made a motion relative to 2 Ned Besse Road that the Board accept the continuance until November 13, 2024. In the meantime, counsel for the owners will be in contact with Board of Health, Sewer Commissioner, and Fire Department and provide additional information of existing grade and the issues of lot area and lot coverage as discussed and agreed with the Board. Ms. Sangeleer second. All were in favor with the continuance. Chairman Bonvie addressed the audience that the petition is continued until November 13, 2024. 29 Riverside Road: Petitioners/Owners, Russell J. and Anne E. Spencer are appealing the Building Commissioner's Decision under M.G.L. §§8 & 15 denying to issue a building permit for a garage or accessory apartment that the existing onsite cottages constitute accessory apartments, and is not allowed under 780 CMR 51:00,Massachusetts State Building Code.Petitioners/Owners seek a determination that the proposed Accessory Apartment is allowed under §174-45.4 on property located in an R-3 Zoning District, Map 119, Parcel 81, Mashpee, MA. (Continued from September 25, 2024 hearings at the request of the Attorney). Attorney Kirrane filed a letter of withdrawal of the Appeal. He had a discussion with the Building Commissioner and his client's agreed to withdraw. Chairman Bonvie asked for a motion. Mr. Blaisdell, so moved. Mr. Furbush second. All were in favor. 15 Childs Road: Owner, Martin J. Reilly requests a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing,nonconforming single-family residential structure and replace it with a new single-family residential structure with an attached garage on property located in an R-3 Zoning District, Map 114, Parcel 93, Mashpee, MA. Sitting on this hearing are the four regular Board members and Charlie Reidy. Mr. Martin Reilly represented himself requesting a Special Permit to raze and replace a pre- existing, nonconforming dwelling under §174-17.1 and §174-33. The existing structure is nonconforming in several aspects; the side yard setbacks, rear yard setback, frontage, lot size, and is 100%within the flood zone. 5