03/22/2023 ZONING BOARD OF APPEALS Minutes

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AS PEE ZONING BOARD OF APPEALS MEETING MINUTES March 22,2023 Attorney Steve Guard requested a continuance until April 26, 2023. Mr. Bonvie made a motion that the Board accept the applicant's request. Mr. Gould seconded. Mr. Reidy, yes, Mr. Gould, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, Mr, .Furbush, yes. All were in favor. Sitting on this hearing are the four regular Board members and Associate Member, Brad Pittsley. 411 Monomoscov Road: Owner, MT Guard, LC requests a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing,non-conforming single-family dwelling with a detached garage and second floor accessory apartment on property located in an R-3 Zoning District, Map 12413arcel 61-0, Maslipee, A. Attorney Steve Guard represented the application for a. Special Permit request. Also present was Raul I...izardi-Rivera, with Cape & Islands Engineering. The property is non-conforming for the frontage at 50.2 11. and the lot size is non-conforming at 14,884 sq. �ft. The existing dwelling is non-conforming at 3.8 ft., and 3.9 ft. from the existing shed. The property is also non-conforming because of the flood plain. The existing structure coverage is 6%, the existing dwelling is 900 sq. ft. The proposed lot structure coverage is 19%, at 2,776 sq. ft. The proposed garage is 576 sq. ft. The Board has to make findings that the increase of the lot structure coverage is not substantially more detrimental than the existing lot structure coverage. The Attorney has not received the architectural plans for the presentation, and will be requesting a continuance for this petition. The Board needs to find that the proposed dwelling and garage will not be substantially more detrimental to the neighborhood. Mr. Rivera mentioned that the proposed project is within the 100 ft. buffer zone and was approved by Conservation with an order of conditions. This project included mitigation plantings within the 100 ft. buffer zone. The existing Title 5 septic system is being removed, and replacing it with a new enhanced five bedroom approved septic system. The proposed garage is a one-car garage. The proposed house has to meet flood zone requirement construction, and the house will have to be one foot higher than the flood plain. At elevation 13, the first floor has to be at least elevation 1.4. The applicant would like to utilize the space underneath as a car-port. The first floor is nine feet above that space. The house and garage will have flood vents. The shed does not require flood vents. The grade will be slightly raised to install the new septic system. Attorney Guard said that there will be living space above the garage for this application. Mr. Bonvie mentioned that the applicants need to meet with the Building Commissioner regarding the proposed living space above the garage. Mr. Morris mentioned that since the shed is over 200 sq. ft. needs to be brought up to building code, and requires flood vents, and should have a 15 ft. setback but it's up to the Board to decide. Mr, Bonvie asked if the applicant is creating any new non-confonnities, The Board noticed that there are two new non-conformities. The proposed shed is on the lot line, and needs to be 15 ft. Mr. Bonvie also mentioned that the lot coverage needs to be revised for the pre- and post- structures. 5