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 §174-33 — Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least (50') feet from any water or wetland as defined by MGL C. 131, §40. SPECIAL PERMIT FINDINGS Upon review and consideration of the testimony and evidence entered into the record, the Zoning Board of Appeals hereby finds and determines that the existing minimum lot size, maximum lot coverage, front yard setback and setback from wetlands are lawful pre-existing, nonconforming, and the proposed raze and rebuild will not be substantially more detrimental to the neighborhood than the existing non-conforming structure and use for the following reasons: • New construction will comply with more current building code criteria. • An UA Septic system is proposed and will eventually be connected to Town sewer system. • There are no new non-conformities being created. • The proposed new structure does not exceed the maximum lot coverage allowed in the R5 Zoning District. • The new residential dwelling will be completely removed from the resource area (inland bank); and • The new home will be consistent with other developed homes in the neighborhood. In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, June 12, 2024 the Zoning Board of Appeals voted unanimously to issue a Special Permit to Petitioner,Mark Bannon under §174-17.1 and§174-33 of the Zoning Bylaws to raze a pre-existing,non-conforming single- family structure, and replace it with a new single-family structure and accessory stairway on property located in the R-5 Zoning District (Groundwater Protection Overlay District), at 104 Lakewood Drive, Map 28, Parcel 164, Mashpee, MA. (Owners of record: John J. Marsters and Debra A. Marsters) with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan—Prepared for: Mark Bannon, 104 Lakewood Drive, Mashpee, MA. Prepared by: BSC Group, Scale: 1" = 10', Revisions: 3/19/24: Reduce Bank Disturb, Increase Plantings, 4/9/24: Conservation Req. Stamped and signed by: Kieran J. Healy, Professional Land Surveyor, No. 48135. 4