05/22/2024 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2024-23 Owner, Bryan W. Anderson Bk.: 35933 37 Amy Brown Road Pg.: 207 Map 109 Parcel 4 Mashpee, MA 02649 A Petition was filed on April 9, 2024 by Owner, Bryan W. Anderson requesting 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 residential structure, and a detached garage located in the R-3 Zoning District, at 37 Amy Brown Road, Map 109, Parcel 4, 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 April 26, 2024 and May 3, 2024 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 Hail on Wednesday, August 14, 2024 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ronald Bonvie, Board Members, William A. Blaisdell, Jonathan Furbush, and Scott Goldstein, and Associate Member, George Ganzenmulier. Attorney Christopher Kirrane represented the homeowner requesting a Special Permit under§174- 17.1 and §174-33 to raze and replace a pre-existing, nonconforming single-family dwelling. The home is being torn down except for the foundation, and there will be some expansion to the new dwelling. The home is located in the R-3 Zoning District which requires current-day zoning requirements, and a 50 ft. setback from wetlands. There are three nonconformities that currently exist on the property. The property area above the flood zone consists of 23,845 sq. ft., there is a 50 ft. setback to wetlands, the shed on the property is greater than 120 sq. ft. and is only 7.7 ft. from the property line, but it is being removed to eliminate that nonconformity. There are no flood zone issues. The actual lot coverage is 14.67%. The new structure and garage will meet all setback requirements. The increase in lot coverage will be 19.97%and is below the current zoning requirement. 1