04/26/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 26,2023 71 Monomosco Road: Owner, Timothy W. Leedham, Trustee requests a Special Permit under §174-17.1; §174-17; §174-33 of the Zoning Bylaws, and M.G.L. c. 40A Section 6 to raze a pre- existing,non-conforming single-family dwelling and replace it with a new single-family dwelling on property located in an R-3 Zoning District, Map 108 Parcel 9,Mashpee, MA. Sitting on this hearing are the four regular Board members and Associate Member, George Ganzenmuller. Attorney Christopher Kirrane represented the application for the raze and replace project. Also present was Mark Dibb with Cape & Islands Engineering. The existing structure is located off the Hamblin Pond area on 9.2 acres. The upland area is 38,000 sq. ft. and is within LSTCSF which is non-conforming in respect to lot coverage and to the wetland's setbacks. There are no non- conformities to the front, rear or side yard setbacks. There are only two non-conformities, the lot coverage at 100% and the setback to wetlands is zero. The existing dwelling was built in the 1930's, and there's an existing innovative septic system that was installed in 2014. This project was approved by the Conservation Commission. The lot structure coverage is increasing from 5.27% to 8.1%. There are no new non-conformities being created, and there is a garage being proposed to provide sufficient parking. The proposed dwelling will be building code compliant, there will be dry wells installed to contain all water runoff, and there's an existing UA system. Attorney Kirrane believes that the proposed dwelling is not more detrimental to the neighborhood than what currently exists. Mr. Bonvie questioned a note on the site plan depicting a previously approved detached garage on the lot. He asked if there was a building permit for that garage. Mr. Dibb said that this plan was originally submitted and approved by Conservation for a proposed detached garage only,but never progressed to a building permit. The proposal is now for the entire dwelling. Mr. Bonvie asked if Conservation elaborated on the new development because it's on the wetlands resource areas. Mr. Dibb said that Concom noted the critical areas and will be subject to erosion control,and the accessory building is being removed and not being rebuilt. Conservation approved this project at their last meeting. Ms. Sangeleer read the Board of Health comments dated April 21, 2023, "Needs a Title 5 Inspection", and the Conservation Department comments dated April 25, 2023 into the record; The Commission voted to approve the proposed project at 71 Monomoscoy Rd and we'll be issuing an order of conditions within 21 days of the date of approval (approval date was April 20th). „ 11