08/09/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 9, 2023 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan—Proposed Addition Prepared for Lloyd and Ronnie Stowell, 165 Whippoorwill Circle, Mashpee, MA. Scale: 1" = 20', Date: June 14, 2023. Prepared by Cape & Islands Engineering, stamped and signed by:N. Douglas Schneider,No.: 47383 Professional Land Surveyor. 3. Building Plans—Project Title: Stowell, 165 Whippoorwill Cir. Mashpee,MA.A-00: Floor Plan—As-built,A-01: First Floor Plan, A-02: Second Floor Plan,A-03: Foundation Plan, A-04: Elevations,A-05,A-06: Section, A-07: Sec. Fl. Framing Plan,A-08: Roof Framing Plan. 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments. 5. Conditioned on any changes to the plans will require the applicant to return to this Board. 6. The Board finds that the proposed project is not substantially more detrimental than the pre-existing, non-conforming structure or use to the neighborhood. 7. Conditioned on the 50 ft. wetland setback. 8. Conditioned that the shed be removed prior to an occupancy permit which is shown on both parcels. 9. Conditioned on receipt of a revised plan depicting the height of the building within the zoning bylaw. Sitting on this hearing are the three regular Board members, Mr. Reidy and Mr. Caggiano. 25 Menemsha Road: Owners, Paul J. and Kathryn M. Thurston request a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to allow for a raze and replace of a pre-existing, non-conforming single family dwelling on property located in an R-3 and Popponesset Overlay District(s), Map 123 Parcel 140, Mashpee, MA. Attorney Christopher Kirrane represented the applicants for the petition request to raze and replace an existing single family residential structure. This dwelling is located in the R-3 Zoning and the Popponesset Overlay districts.The structure is non-conforming for a few reasons;the lot is entirely in a flood zone, the lot coverage is non-conforming at 100% and is setback from wetlands at zero feet(0 ft.). There is also a rear yard non-conformity at 12.2 feet. 5