10/09/2024 ZONING BOARD OF APPEALS Decision

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� Town of Mashpee p�Pm 16 Great Neck Road North % ur Mashpee, MA 02649 OK 0��t%r iapN.r ww �V MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2024-55 Owner, Heidi Dalaklis Doc.: 1345793 26 Pembroke Drive Ctf.: 216120 Map 123, Parcel 79 Mashpee,MA 02649 A Petition was filed on September 12, 2024 by Owner, Heidi Dalaklis, Trustee of the Heidi M. Dalaklis 2017 Trust requesting a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing, nonconforming single-family residential structure and replace it with a new single-family residential structure on property located in an R-3 and Popponesset Overlay Districts, at 26 Pembroke Drive, Map 123,Parcel 79, Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee,on September 20,2024 and September 27,2024 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 11, 2024, and continued from October 9, 2024 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ronald Bonvie, Board Members, William A. Blaisdell, Jonathan Furbush, and Associate Members, Robert Caggiano, and Michael Milbury. Also present was David Morris, Building Commissioner. Attorney Christopher Kirrane represented the applicant requesting to raze and replace a single- family residential structure located in the R3 and Popponesset Overlay District. The minimum dimensional requirements in the Popponesset Overlay are; 25 ft. from the front setback, 15 ft. on the sides and rear setback, and lot coverage is 25%,and 30 ft. height requirement. This lot is totally within the flood zone, and has the following nonconformities; 407 sq. ft. of non- flood zone lot area, and the lot itself is under 10,000 sq. ft. The total lot area is 9,000 sq. ft. but for zoning purposes 407 sq. ft. because of the flood zone (LSCSF). The setback to wetlands is zero. The westerly side yard setback is nonconforming at 4.7 ft., and will become conforming at 15 ft., and improving the easterly side yard setback from 10.7 ft. to 10.9 ft. The total percent lot area is 16.8%, and will increase to 22.8% which is still under the 25% requirement. The structure will increase to 540 sq. ft. 1