04/26/2023 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 26,2023 Sitting on this hearing are the four regular Board members and Associate Member,Brad Pittsley. Attorney Christopher Kirrane represented the applicants requesting to raze their existing three- bedroom home and replace it with a new code compliant three-bedroom home located in the Popponesset Overlay District. Also present was Mark Dib with Cape & Islands Engineering. The existing lot is wholly within the flood zone and is considered a non-conforming condition. The minimum lot size in the Popponesset Overlay District is 6000 sq. ft., but this lot exceeds the required lot coverage given the fact it is within Land Subject to Coastal Storm Flowage(LSTCSF). The lot does not meet the setback to wetlands, and is a non-conforming condition to the rear yard setback at 13.8 ft. where 15 ft. is required.Neither of the side yard setbacks are conforming at 11.6 ft. and 11.8 ft. The minimum requirement in the front is 25 ft., however the average measurement of the dwellings on either side of the proposed new dwelling is 20.75 ft. The existing house is 21.1 ft. and exceeds the average on either side which is a conforming condition. The proposed project will eliminate all rear and side yard non-conformities. The overall lot coverage of structures will decrease, and will become flood zone and building code compliant. Under the old interpretation,the lot coverage in the Popponesset Overlay District exceeds the 25% lot structure coverage at 30.1%. The proposed lot structure coverage will be decreasing at 29.3%. There will be an innovative septic system installed. The proposal includes a paved impervious surface driveway, and there will be drywells installed. There are no new non- conformities being created. This project is consistent with other newly constructed dwellings in the neighborhood. The Conservation Commission continued this project because they wanted to review the septic design and they wanted to review the retaining walls around the septic system. Attorney Kirrane stated he believes the Board can move forward and approve the project subject to Conservation Department approval. Mr. Blaisdell stated he is willing to accept the proposal and condition this project based on the approval of the Conservation Commission. Mr. Bonvie asked why the Conservation Commission continued the project regarding the innovative septic system. Mr. Dibb said that Concom wanted clarification of the retaining walls around the septic system. They wanted to see the profile and verify that the retaining walls are necessary based on the grades and separation of ground water. Both Conservation Commission and the Conservation staff felt that Mr. Dibb responded to their concerns regarding the septic system. Mr. Dibb said he removed an entire section of a landscape wall along Bluff Ave, and that Zack Seabury, Health Agent said that the walls around the septic system are designed appropriately and are required. 8