09/14/2022 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING- BOARD of APPEALS MEETING MINUTES EPTEMBER 14,2022 4. Conditioned on all Town Department comments read into the record including but not limited to the Conservation Department and Board of Health comments. Mr. Gould, seconded, yes Mr. Cagglano, yes, Mr. Goldstein,yes, Mr. Bonvie, yes Mr. Furbush, yes. All were in favor to issue a Written Finding. 17 Overlook Kroll Rd: Owners, Michael P. and Kelly L. Muccio, Trustees request a Special Permit under§174-17.1 of the Zoning Bylaws to allow for a raze and replace of an existing non- conforming single family dwelling with a new single family dwelling on property located in the R.-3 and Popponesset Overlay District Zoning Districts, Map 118 Parcel 36, Mashpee, MA. Sitting on this hearing are the four regular Board members as well as Mr. Charlie Reidy. Attorney Christopher Kirrane represented the owners of 17 Overlook Knoll Road. This is an application under Section 174-17.1 to raze and replace a single story three bedroom single family dwelling with a two story three bedroom single family dwelling. The lot is located in the R-3 District, and the Popponesset Overlay District. The property has two front yard setbacks from Seaview Avenue and Overlook Knoll Load. The lot consists of 6,375 sq. ft. with 75 ft. of frontage along Overlook Knoll Road, and 75 ft. of frontage along Seaview Ave. The property meets the minimum requirements for lot size and frontage in the Popponesset Overlay District. The existing single story three bedroom home was built in the 19 5 0's and is non-conforming as it falls to meet the easterly side yard setback and the front yard setback from both Overlook Knoll Road and Seaview Avenue. The new structure will remain non--conforming with the setback increasing from 22.2 ft. to 15.5 ft. from Seaview Avenue. However, the non-conformity on Overlook Knoll Load will improve from 21. 9 ft.to 22.5 ft., and the non-conformity on the easterly side setback will be eliminated and will improve from 7 ft. to 15 ft. The lot coverage will increase from 21 ado to 24.9% but is still under the 25% maximum requirement in the Popponesset Overlay District, Attorney K.irrane provided a table in his presentation that explained the required setbacks of the existing;and the proposed setbacks of the property.He believes that the Board can issue a Special Permit upon finding that there are no new conformities being created,that there will be sufficient parking as required, and that the proposed structure is not substantially more detrimental than what currently exists by eliminating the Overlook Knoll non-conformity, and the easterly side yard setback. The property is not within wetlands jurisdiction, and a new Title 5 Septic System will be installed. The new structure will conform to current building code requirements, and will be consistent with the newly constructed homes in the neighborhood. 4