01/25/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS JANUARY 25,2023 Attorney Christopher Kirrane represented the homeowners for the raze and replace project. Also present was Greg Siroonian with RESCOM. Mr. Kirrane provided the Board his written presentation, and an existing and proposed site plan. The existing structure was built in 1968, and is not building code or flood zone compliant. It is also non-conforming in several aspects. The front yard setback is 33.6 ft. and the requirement is 40 ft. The westerly side yard is 13.8 ft. and the requirement is 15 ft. The easterly side yard is 11.8 ft. existing, and the requirement is 15 ft. The setback to wetlands of the nearest structure is 16 ft. and the requirement is 50 ft. The lot is entirely within Land Subject to Coastal Storm Flowage(LSCSF),therefore the structure is non-conforming and exceeds the maximum allowable lot coverage (100% existing) and fails to meet the setback to wetlands (0' existing). The proposal consists of a new two-story, four bedroom structure. The site has a denitrification system that allows up to four bedrooms which meets the Board of Health requirements. The front yard setback is increasing slightly from 33.6 ft. to 31 ft. However, the westerly side setback will be improving from 11.8 ft.to 14.2 ft. The easterly side yard setback will be eliminated and become conforming at 16.4 ft. The setback from the nearest wetland will be improve from 16 ft. to 18 ft. The overall footprint hardscape on the lot is actually decreasing by 400 sq. ft. by removing the concrete patio that does not count toward lot coverage for zoning purposes. Attorney Kirrane said that the structure will be building code, and flood zone compliant. The project was approved by the Conservation Commission in 2022. Pursuant to Section 174-17.1 the Board has to make three findings: 1) No new conformities being created, 2) there's sufficient parking onsite (there will be two parking spaces on the driveway), and 3)the Board must find that the proposed structure is not substantially more detrimental to the neighborhood than what currently exists. The Board had a discussion regarding the front setback shown on the proposed site plan that depicts 31 ft. to the proposed walkway, and the Board knows that a walkway is not included in lot coverage. The Board wanted to know the closest setback of the structure to the street on the proposed site plan. The Board thought that the existing building would be closer to the road than the proposed structure. The Board requested that the applicant provide a revised a site plan prior to a building permit that depicts pre-construction and post-construction setbacks and that there is no increase on that setback. Mr. Reidy read the Conservation Department comments into the record; The Conservation Commission approved this project with conditions of compensatory plantings (mitigation) in the areas of existing gardens abutting the coastal bank in exchange for the raze and replace of the single family home and the temporary impacts thereof to the lot. Additional condition that any restored lawn areas must meet current conservation-friendly lawn standards as per Regulation 31 under Mashpee's Ch.172 wetland bylaw. The Board of Health comments were read into the record; "BOH: The septic design plan has been approved for 4 bedrooms. The floor plans depict 4 bedrooms rooms that meet the BOH bedroom definition. The raze and replacement of the dwelling will also require a rodent inspection prior to approval of the demoibuilding permit." 3