02/22/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2023 Mr. Blaisdell recused himself from this hearing. Sitting on this hearing are the three regular Board members as well as Mr. Reidy and Mr. Ganzenmuller. 228 Wading Place Road: Remand Hearing ordered from Land Court Barnstable Case No. 21 MISC 000076 (KTS) dated January 5, 2023. Petitioner, Eprem Epremian requesting a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace an existing non-conforming single family residence with a new code compliant structure on property located in an R-3 Zoning District, and the Popponesset Overlay District, Map 112 Parcel 59, Mashpee, MA. (Owner of record: Eprem Epremian). Mr. Furbush announced to the audience that the Board received a 28-page document from Troy Wall Associates just a couple hours before this hearing.This did not allow the Board time to review the document. As a result, Mr. Furbush explained that the hearing will be opened and heard, but will be continued until the next hearing. Attorney Christopher Kirrane representing the homeowner for this hearing. Also present was Raul Lizardi-Rivera with Cape & Islands Engineering. This is a remand hearing from a decision that the Board approved for a raze and replace project under Section 174-17.1 presented back in January 27, 2021. The decision was appealed by the abutter and after hearing a summary judgement, the Court issued a judgement indicating that review of lot area and lot coverage be taken into account of all wetland areas as defined under Chapter 131 Section 40, and in the past did not take into account land subject to coastal storm flowage (LSTCSF). The majority of the lot is located within LSTCSF and as a result, was remanded back to the Board. The lot area is now being deducted from LSTCSF from lot area calculations. This upland area leaves 1,250 sq. ft. the old way the lot was 25,000 sq. ft. By deducting LSTCSF is existing and non-conforming as to lot coverage. Including LSTCSF is non-conforming as to the setback to wetlands which is zero feet, and non-conforming to the front setback of 24.7 ft. The original plan had a non-conforming issue measuring the stairway at 10.6 ft. The structure is now a conforming condition if not counting the stairs under this proposal. The Board had to make determinations for lot area,and lot coverage and set back to wetlands based on the deduction of LSTCSF. The setback to wetlands is zero, where the requirement was 50 ft. The calculation the existing lot coverage at 100% the existing structure is larger than the upland area. Under the old way the exiting lot area was 7% and the proposed will be 11.7% well under the 25% in the overlay district. The front measurement improved from 24.7 ft. to 24.5 ft. from the stairway which is now conforming. Attorney Kirrane reviewed the document and letter from Attorney Wall that mentioned that the house will become a three-story house. The house will be constructed on pilings because it is totally 100%located within wetlands. The section of the pilings is not considered habitable space. In the past, the Board has never considered the area under the pilings as habitable space, which is not considered a story. 6