06/28/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 28, 2023 Mr. Caggiano, seconded, yes, Mr. Reidy, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, Mr. Furbush, yes. All were in favor to issue a Written Finding. 25 Tide Run: Owners, Patrick J. and Nissa R. Knight request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for a garage addition, alterations, extensions to a pre- existing, non-conforming single family dwelling on property located in the R-3 Zoning District, and Little Neck Bay Zoning District Map 126 Parcel 40, Mashpee, MA. Sitting on this hearing are the four regular Board members, and Associate Member, Brad Pittsley, Attorney Christopher Kirrane represented the owners of 25 Tide Run who were in the audience, and Mr. Mark Dibb, with Cape & Islands Engineering, and the Architect with RESCOM. The property is located in the Little Neck Bay subdivision. The lot coverage is 30%, the front yard setback is 30 ft., and the rear yard setback is 20 ft. as opposed to 15 ft. The existing structure is conforming except for setbacks to wetlands, and lot coverage. The lot is unique because it is only a little over a third in LSTCSF. The lot contains a total of 15,060 sq. ft. of land which would make the minimum lot size for the Little Neck Bay area. However, under LSTCSF the lot size is only 6,325 sq. ft. The existing lot coverage is 35% because some of the lot is under LSTCSF. The lot area is increasing from 14.6%to 16.6%which is under the maximum allowed percent lot coverage in the Little Neck Bay Cluster Subdivision. There are no rear, side yard or front yard non- conformities. The new building on top of the existing foundation will not create any new non- conformities, and not intensifying any of the existing non-conformities. Attorney Kirrane stated that the existing structure is being removed, but the existing foundation is remaining. There will be some expansion of the footprint that will include a two car garage, the entry way will be closed off and moved forward slightly. There's a significant portion of the deck that is within LSTCSF. The entire structure including the house and the decking will be removed from the LSTCSF, so there will be no structure within the flood zone. There will be a patio, and spa, but everything else will be removed from the LSTCSF. The Board of Health requires a new I/A system, and his client is agreeable to include that as a condition if approved by the Board. Chairman Furbush asked if the pool is within the LSTCSF. Attorney Kirrane said; yes, but was approved by the Conservation Commission. He is concerned with the draining aspect of the pool. Mr. Morris, Building Commissioner said that he required this project before the Board because of setbacks from wetlands. 13