06/12/2024 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee au, 16 Great Neck Road North , Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2024-28 Owner, Erik N. Saarinen Doc.: 718529 62 Whippoorwill Circle Ctf.: 147619 Map 125,Parcel 183 Mashpee,MA 02649 A Petition was filed on May 14,2024 by Owner, Erik N. Saarinen requests a Special Permit under §174-17.1 to raze and replace an existing single family dwelling and replace it with a new code compliant single family dwelling on property located in an R-3 Zoning District, at 62 Whippoorwill Circle, Map 125, Parcel 183, 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 May 10,2024 and May 17, 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 Hall on Wednesday,June 12,2024 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ronald Bonvie, Board Members, Sharon Sangeleer, William A. Blaisdell, Jonathan Furbush,and Scott Goldstein. Attorney Christopher Kirrane represented Owner, Mr. Saarinen requesting for a Special Permit to raze and replace a nonconforming single family dwelling under Section 174-17.1 located at 62 Whippoorwill Circle. This property is located in the R-3 Zoning District which requires 40,000 sq. ft. of lot area, 40 ft. front yard setback, 15 ft. side and rear yard setbacks, 20% lot coverage, and 50 ft. setback from wetlands. This lot consists of 13,054 sq. ft. lot, and is totally within Land Subject to Coastal Storm Flowage (LSTCSF). There is a 39.1 ft. nonconformity of the front yard setback from Whippoorwill Circle. There is no increase in the overall coverage of structures. The existing coverage is 16% and will remain 16%. This project was approved by the Conservation Commission with a significant mitigation restoration. There is a new I/A septic system proposed, and the front yard nonconforming setback will be eliminated. There are no new nonconformities being created. There is sufficient parking for two vehicles, and the proposed project will not be substantially more detrimental than what previously exists. 1