01/11/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 11,2023 49 Clover Lane: Owners, Samuel and Cielo Ordonez request a Special Permit under §174-17.1 of the Zoning Bylaws to allow for a raze and replace of a pre-existing non-conforming single family dwelling on property located in an R-3 Zoning District, and Popponesset Overlay District, Map 117 Parcel 328, Mashpee, MA. Attorney Kevin Kirrane represented the homeowners for the proposed raze and replace project. Also present was Mark Flaherty, Engineer who prepared the site plans. As indicated in the written presentation,the lot is 6,500 sq.ft.with 100 ft. of frontage along Clover Lane,and 65 ft.of frontage along Bearse Road. There is currently a single family two bedroom residential structure on the lot consisting of 800 sq. ft. The building was constructed in the 1940's. The applicants seek to raze and replace the current structure with a new two and a half story three (3) bedroom structure around 1,100 sq. ft. There is a two foot overhang on the second floor which has been calculated into the lot coverage. The existing structure is non:conforming at 21.5 ft., and fails to meet the 25 ft. front yard requirement. It also fails to meet the 15 ft. southerly side yard requirement which is currently 10.6 ft. This entire lot is within the flood plain, and has 0 sq. ft., and is 100% lot coverage which is a non-conforming condition. The new structure will also be 100% lot coverage. The bylaw section 174-17.1 allows for alterations, changes, and expansions to pre-existing non- conforming conditions, structures and otherwise. In this particular case, the new structure that is being proposed improves some of the non-conforming conditions,and eliminates other conditions. The front yard setback will improve as shown on the chart that was provided in the written presentation; the existing is 21.5 ft. from Clover Lane and the proposed will be 23 ft. but is still non-conforming because it does not meet the 25 ft. setback from Clover Lane. The side yard setback on the southerly side is currently 10.5 ft., and will become conforming at 15 ft. to the current zoning requirement. The current building code requires a Letter of Map Amendment (LOMA) application of the flood plain for the new structure, which is a substantial improvement over the existing condition of the old structure. The lot coverage is non-conforming at 13%. Arguably, a structure could be built on as much of this lot within the parameters of the side yard, front yard and rear yard setbacks without any limitations except the limitation that the Zoning Board, and Conservation Commission may impose upon on this particular lot. The proposed lot coverage is 22.5%which is well under the 25%lot coverage in the Popponesset Overlay District. There will be a new denitrification septic system installed which is an improvement over the existing conditions. The Board will find that the proposed is not substantially more detrimental to the neighborhood than the existing condition and its impact on the neighborhood. The Conservation Commission and the Board of Health has already approved this project. Mr. Kirrane said that the conditions will be improved on this lot in spite of any minimal increase in lot coverage. 2