12/14/2022 ZONING BOARD OF APPEALS Minutes (2)

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MA HPEE ZONING BOARD OF APPEALS MEETING MINUTE DECEMBER 14,2022 2. Site Plan — Prepared for: Wayne P. Pacheco and Leanne J. Fitzgerald, Project: 2 Sunset Circle,Mashpee,MA. Sheet No.: 1 of 1,Date: October 20,2022, Drawn by: JVB,Checked by: MC,Prepared by: Cape&Islands Engineering. Stamped and signed by: Mark D.Dibb, Professional Engineer, o.: 45937, and Matt C. Costa, Professional Land Surveyor, No.: 52282. 3. Conditioned on all Town Department comments read into the record. 4. Conditioned on Board of Health comments that the new addition to have a 6 ft. clear opening to the entrance of the existing structure. 5. Conditioned on Conservation comments to relocate mitigation as requested. Mr. Gould seconded. All were in favor of the written Finding application. Mr. Bonvie re-opened the hearing for 2 Sunset Circle. Mr. Gould seconded. All were in favor to reopen the hearing to amend the motion made regarding the Board of Health cornin,ents. Mr. Goldstein made a motion; "conditioned upon the sized opening to be approved by Board of Health". Mr. Gould seconded. All were in favor of the amended condition. Z Cross Tree)YgE, Owners, Steven and Phyllis Fagell request a Special Permit under§174-17.1 and§174-33 of the Zoning Bylaws to raze and replace a pre-existing,nonconforming single-family dwelling on property located in an R-3 Zoning Di strict, Map 112 Parcel 19, Mashpee,MA. Sitting on this hearing are the two regular Board members, Mr. Ganzenmuller, Mr. Pittsley, Mr. Caggiano. Attorney Christopher Kirrane represented the homeowners for their Special Permit request for the raze and replace project. Also present was Mr. Lizardi-Rivera, and lob Bramhall, Building Contractor. The lot consists of 31,216 sq. ft. with 105 ft. of frontage along Cross Tree way and is pre-existing non-conforming. The structure itself is non-conforming from the wetlands setback, and also non-conforming on the southeasterly side yard setback at 10.8 ft. The front yard, rear yard, northwesterly side yard, lot coverage,and height are all conforming. The new single-family dwelling will be conforming in all aspects other than the wetland setback. The current non-conforming side yard setback will be eliminated. The setback to wetlands is currently 7.9 ft. and will improve to 14 ft. from the pool. The dwelling will be setback 42 ft. from the existing wetland resource area. This project has been issued an order of conditions from the Conservation Commission. The lot coverage is increasing to 19.9% but is still below the 20%. There are no new non-conformities being created, and there is sufficient parking as required. There will be a new innovative septic system installed, and the elevation of the new dwelling will be 34.7 ft.which is under the 35 ft. allowed height requirement. s