03/08/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 8, 2023 Attorney Christopher Kirrane represented the applicant. Also present was Raul Lizardi-Rivera with Cape & Islands Engineering. He summarized the reasons he believes that this project should be approved by the Board; a code compliant building, a flood zone compliant lot, it was approved by the Conservation Commission with substantial restoration, storm water control that is currently non-existent on the lot, and the house is consistent with other houses in the neighborhood. There are no new non-conformities being created,there is sufficient parking, and in 2021 the Board made the determination that his project was not substantially more detrimental to the neighborhood. The actual square footage of the lot is 21,000 sq. ft. and the proposed lot coverage of the structure is 13% and well within the allowed percentage under the bylaw, and what the Board has approved in the past. Attorney Kirrane pointed out the definition of a"lot area" from the bylaws, "The area of a lot exclusive of any area in a public or private way open to public use, and any body of water." Mr. Furbush asked for the calculation of the lot size. Mr. Lizardi-Rivera said that the lot area is 1,250 sq. ft. He reviewed the site plan with the Board and explained the velocity zone area, and the area inside the triangle is 2,445 sq. ft., however if a flood zone touches the structure, the entire structure is considered to be in the flood zone. He explained that the 1,250 sq. ft. is roughly half of the area that is above the flood zone. The actual lot size is 21,000 sq. ft. because the right-of- way was eliminated from the 25,000 sq. ft. that was originally shown on the plan. Mr. Lizardi- Rivera uses CAD software to create the site plans. Attorney Kirrane confirmed that there is no elevator in this house, and also wanted to confirm the questions relating to the nullification of the bylaw, and the definition of a "story". The Building Commissioner addressed those items in his letter to Chairman Furbush. Mr.Reidy wanted to confirm the calculations of the lot area,and what is determined to be LSTCSF. Mr. Lizardi-Rivera said that would be Elevation 12 as shown on the plan. The land that is not within the wetlands is 1,250 sq. ft. The area including the structures is 1,749 sq. ft. Mr. Reidy wanted to confirm that that the existing structure is 1,749 is the existing, and the 2,974 is the proposed structure. Mr. Bonvie said that an easement or right-of-way that is 20 ft. or more should not be included in lot area, and in this case the wetlands as noted under the zoning bylaw. Mr. Bonvie wanted to confirm there are four existing non-conformities; minimum lot size, front yard setback, lot coverage, and set back to wetlands. Attorney Brian Wall represented the Andrew Family Trust at 226 Wading Place Road. Mr. Wall said he wanted to update his lot coverage as well. He said that the 2,445 ft. used in his calculation is based upon an engineer's calculation that he consulted with during the appeal, and he did not exclude the house "in the triangle". Mr. Wall said that the amount is now 1,205 ft. and increases the percentage that the proposed lot coverage is actually 243%. Mr. Wall suggested that the Board consider what the Engineer stated that most of the lot is in wetland and therefore the setback is out in the road. 2