05/22/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Mark Bannon Owners of Record: John J. Marsters and Debra A. Marsters 104 Lakewood Drive, Map 28, Parcel 164 Mashpee, MA SP-2024-15 The existing structure was built in 1942, and is dilapidated. The proposed new structure will be built away from the resource area, the inland bank, and will eliminate all the non-conformities. The side yard and rear yard setbacks will become conforming. The setback to wetlands will be non-conforming because of the stairway that benefits the area down to the inland bank and will not disrupt the resource area. There is natural vegetative screening to provide stabilization to the bank. The proposed structure is larger, but the lot coverage will be 17.1% which is under the maximum allowed 20% in the R-5 Zoning District. The Conservation Commission has approved this project and is a better situation than what exists given the condition of the structure, and the location of the structure on the inland bank. The Board can find that this proposal will not be substantially more detrimental than what exists. This lot is under the Phase 2 sewer installation, and the Board of Health will allow for the proper variance to put in the standard system until the new sewer project is completed. At the last hearing on May 22, 2024, the project was well received by the Board, however there was a question regarding a right-of-way shown on the site plan. The Board requested a determination of the extent to the right-of-way. Attorney Kirrane provided a letter and several exhibits that detailed the history of the subdivision plan depicting no access road to the property until years later when the abutting lot was combined with 104 Lakewood Drive. The right-of-way was configured totally for the property at 104 Lakewood Drive. Attorney Kirrane also noted that the direct abutter did not object to the location of the proposed new dwelling. Chairman Bonvie said he did extensive research regarding the right-of-way, and some members of the Board voiced their concerns regarding the setbacks from that right-of-way and would have preferred to have received a letter from the direct abutter that he did not object to the location of the new house. Attorney Kirrane suggested that the Board can make a finding that the raze and replace of the dwelling meets the criteria for a Special Permit because there is no structure being built on the right-of-way. The Board had a discussion regarding a rock wall that extends through the right-of- way, and requested that the rock wall be eliminated from the site plan. GENERAL FINDINGS The subject property located at 104 Lakewood Drive has 11,508 sq. ft. of land. The minimum dimensional requirements in the R-5 Zoning District are as follows: Minimum Lot Size - 80,000 sq. ft. Minimum Frontage— 150 ft. Minimum Front Yard Setback—40 ft. Minimum Side and Rear Yard Setbacks— 15 ft. 2