04/26/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 26,2023 Attorney Kirrane proceeded with his presentation. The existing dwelling is a four bedroom, and will be replaced with a four bedroom single family under Section 174-17.1. The existing dwelling is in the R-3 Zoning District, but is subject to specific dimensional requirements because it is located in the Little Neck Bay subdivision. The minimum dimensional requirements for Little Neck Bay are as follows: Minimum lot size: 15,000 sq. ft. Front yard setback: 30 ft. Rear yard setback: 20 ft. Side yard setback is: 15 ft. Maximum lot coverage is: 30% Attorney Kirrane stated that the existing structure is non-conforming in several aspects. The rear yard setback is 15.3 ft. which is a non-conforming condition based on the 20 ft. setback. The southerly side yard is 14.5 ft. and the proposed is 15.5 ft. The lot is totally within Land Subject to Coastal Storm Flowage (LSTCSF) which is non-conforming as to both lot coverage and the setback to wetlands. The percentage of upland area, the structure lot coverage is 22.9% which is under the 30% requirement. Attorney Kirrane said that the rear yard non-conformity setback will be improving from 15.3 ft. to 15.5 ft., and eliminating the southerly side yard non-conformity from 14.5 ft.to 15.5 ft. which will become a conforming condition. The structure coverage is increasing from 22.9%to 26.9%which is still under the 30% lot coverage. There are no new non-conformities being created. There will be sufficient parking with a garage. Attorney Kirrane believes this project will not be substantially more detrimental to the neighborhood than what currently exists based on the fact that there is an improvement on one non-conformity, and eliminating another non-conformity. There will be drywells installed. This project was approved by the Conservation Commission. The building will be code compliant, flood zone compliant, and is consistent with the other homes in the neighborhood. Mr. Blaisdell confirmed the pre-post lot structure coverages. Attorney Kirrane said that there is an existing septic system that was installed in 2021 and there was no requirement to upgrade the existing system. Chairman Furbush read the Board of Health comment dated April 21, 2023: "Needs a Title 5 Inspection." He read the Conservation Department comments; "This project was approved by the Commission at their April 20`"public meeting. Order of conditions to be issued within 21 days of the date of approval. " The Assistant Conservation Agent comments dated April 21, 2023 were read into the record. Mr. Bonvie spoke of his concerns with the septic systems that are in close proximity to the wetlands. 5