02/24/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Joshua Delman and Nicole P. Delman, Trustees of the 368 Monomoscoy Road Realty Trust 368 & 368A Monomoscoy Road (Map 125 Parcel 12 & 13) Mashpee, MA 02649 SP-2021-22 The lot is 17,500 sq. ft. lot, has 44 ft. of frontage along Monomoscoy Road. It is located in the R-3 Zoning District, and considered non-conforming. There are currently two residential structures, with an accessory dock and shed. One residential structure sits 26.6 ft. from Monomoscoy Road, 8.5 ft. from one side line, and 3.1 ft. from the other side line. The second structure sits 5.3 ft., and 5.5 ft. from the sidelines, and 4 ft. from the rear lot line before the parcels were merged. They seek to raze and replace the existing non-conforming residential structures with two new structures. One is a garage structure with living space above, but no kitchen, and one is a single-family residence. The garage structure front yard setback is being increased to 29.4 ft., and was 26. 6 ft.; an improvement of 2.8 ft., one side yard is increased to 10 ft., and an improvement of 6.9 ft., and the other side yard will be maintained at 8.5 ft. The second building, which is the primary residence is also improved increasing one side yard to 6 ft., an improvement of.7 ft., and on the other side to 9 ft., an improvement of 3.5 ft. from the side line. The principal residential structure will now straddle the rear lot line what was formerly between the two lots before the merger consideration. The height of the residential structure is 34 ft., the height of the garage is 22 ft., and the lot coverage is increasing from 13.8% to 19.5%. There are no new nonconformities being created. There are no variances required, and the project was approved by the Conservation Commission. Mr. Furbush wanted to confirm there are no variance requests, and that the setback will be approximately 3 ft. from the front yard setback making it better. The side yard will be improved by 6.9 ft., and the other side will remain the same at 8.5 ft. Mr. Furbush said his only concern was the two lots, and if they are held in common ownership. Attorney Kirrane said because these lots are held in common ownership and considered to be merged for zoning purposes. Mr. Furbush was concerned that the garage structure would become a separate dwelling. The Board had a brief discussion regarding the definition of an accessory apartment and wanted to confirm the amount of bedrooms. The Building Commissioner said that the garage is not considered a separate dwelling. The comments submitted from the Board of Health were read into the record. The Board wanted to confirm the bedroom count on the plans. The Conservation Commission comments submitted February 11, 2021 were read into the record stating that the project was approved. 2