03/09/2022 ZONING BOARD OF APPEALS Minutes

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16. BEC engaged engineers, design professionals, an attorney, and an experienced contractor to design and obtain all requisite approvals. 17. On December 9, 2021, in connection with its contemplated renovation of the Subject Property, BEC received an Order of Conditions from the Mashpee Conservation Commission. 18. A unique feature of this project was to create coastal bank to create a continuous coastal bank along the rear of the Property which feature was approved by the Conservation Commission. 19. §174-17.1 of the Zoning By-Laws allows for the raze and rebuild of a pre-existing, non- conforming single or two family dwelling structure upon a grant of a Special Permit by the Zoning Board of Appeals provided the Board finds that any changes, extensions, alterations, or reconstruction are not substantially more detrimental that exists prior to the removal of the existing structure, there is adequate land area to provide sufficient parking and that no new non-conformities are created without the issuance of a Variance. 20. Due to its size, lack of sufficient frontage, and failure to meet side yard and wetland setback requirements, the Subject Property qualifies as preexisting, non-conforming. 21. The Subject Property is located in the R-3 zoning district which has the following dimensional requirements: a. Minimum Lot Size—40,000 square feet b. Minimum Lot Frontage— 150 feet c. Minimum Front Yard Setback—40 feet d. Minimum Side and Rear Yard Setback— 15 feet e. Maximum Stories —2.5 f. Maximum Height—35 feet g. Maximum Lot Coverage—25% 22. The subject lot is 12,443 sq. ft. with 7,609 sq. ft. of upland for an existing lot coverage of 25.5%. 23. The subject lot has 80' of frontage. 24. As a result of the creation of coastal bank the upland lot area is proposed to be 9,432 sq. ft. with a proposed lot coverage for proposed structures of 24.9%. 25. The proposal would increase the westerly side yard setback from 4.1'to 11.9'.