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Town of Mashpee <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2024-15 <br /> Petitioner, Mark Bannon Bk.: 36341 <br /> Owners of Record: John J. Marsters and Pg.: 139 <br /> Debra A. Marsters <br /> 104 Lakewood Drive <br /> Map 28 Parcel 164 <br /> Mashpee, MA 02649 <br /> A Petition was filed on April 9, 2024 by Petitioner, Mark Bannon requesting a Special Permit <br /> under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing,nonconforming single- <br /> family structure, and replace it with a new single-family structure and accessory stairway on <br /> property located in an R-5 Zoning District (Groundwater Protection Overlay District), at 104 <br /> Lakewood Drive, Map 28, Parcel 164, Mashpee, MA. (Owners of record: John J. Marsters and <br /> Debra A. Marsters). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise,a newspaper of general circulation in <br /> the Town of Mashpee, on April 26, 2024 and May 3, 2024 a copy of which is attached hereto and <br /> made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. <br /> A public hearing was held on the Petition at the Mashpee Town Hall on Wednesday,May 22,2024 <br /> and was continued to June 12,2024, at which time the following members of the Board of Appeals <br /> were present and acting throughout; Chairman, Ronald Bonvie, Board Members, Sharon <br /> Sangeleer, William A. Blaisdell, Jonathan Furbush, and Scott Goldstein. <br /> Attorney Christopher Kirrane represented the Petitioner, Mark Bannon who purchased this <br /> property to raze and rebuild a single family dwelling located in the R-5 Zoning District. This is a <br /> pre-existing, non-conforming structure. The existing structure is non-conforming to the northerly <br /> side setback at 7.4 ft.,to the rear yard setback at 8.6 ft., and the setback to wetlands. The site plan <br /> depicts an inland bank, and the structure is within 50 ft. of that inland bank. The structure is non- <br /> conforming in the R-5 District which requires 80,000 sq. ft. The lot size is 11,508 ft. either <br /> removing or deducting the right-of-way. The existing dwelling based on the lot coverage <br /> calculations is 7.5%. <br /> 1 <br />