11/13/2019 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 13,2019 Attorney Kevin Kirrane represented the homeowners for the Special Permit and Variance requests for purposes of razing and replacing a single-family residential structure on this particular lot. Also present was Tom Bunker with BSS Design, and Arianna, with Archi- Tech Associates. The Special Permit request is required under Section 174-17.1;and the Variance is required for the setback from the wetland resource areas. The plan shows the unusual shape of the lot with the existing dwelling and is situated up against the coastal bank.Most coastal banks run along the coast, but in this particular case the coastal bank runs along the coast and inland. There's a large concrete seawall that runs along the beach and completely around the existing dwelling, and the existing out building that exists on the site. Attorney Kirrane pointed out that the 50 ft. setback criteria runs through the house, and also shows both the FEMA coastal bank, and the Mashpee coastal bank completely surrounding the proposed dwelling. The Variance relief request includes the seawall and the accessory garage. The proposed dwelling is located in the Popponesset Overlay District which allows for lot coverage at 25%,minimum lot size of 6,000 sq. ft.,and 60 ft. of frontage. The total lot area is 21,067 sq. ft., and 20,100 sq. ft. of upland area. The proposed dwelling is still similarly situated as the other dwelling with the 50 ft. setback line going through the dwelling. There are a few other non-conformities related to the existing dwelling. The closest point was 23.1 ft. from Jeep Place, the proposed dwelling will be 24.4 ft. from Jeep Place, and is moved further back. The 23.1 ft. is a non-conforming condition because the current zoning is 25 ft. from the road. In addition, there is the existing out building that sits less than 15 ft. from the side line. This building is being eliminated in the proposed redevelopment of the site, so that non-conformity relative to the side yard is being eliminated as well. The other non-conforming condition as it relates to the dwelling is the distance from the dwelling to the coastal bank. Currently the dwelling sits at its closest point to the coastal bank that runs along the beach at 19.3 ft.The dimensions also depict 28 ft. and 26 ft.further along the beach. The proposed dwelling will sit 32.3 and 29 ft.from that coastal bank along the beach. This is improving the distance of the dwelling to the coastal bank on the Nantucket Sound side.Unfortunately in moving the building further away from the coastal bank, on the Nantucket Sound side, and an increase in the side of the building it is going closer to the coastal bank that's on the landward side of the particular lot. It is approximately 15-17 ft. closer on the inland side adjacent to lot 7A, but improving the condition as it appears along the beach facing Nantucket Sound. The proposed lot coverage shown on the plan is 17.8% which is well below the 25%that is allowed in the Popponesset Overlay District. The Board must find that what is proposed is not substantially more detrimental than what exists. 3