07/12/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 12, 2023 6. If the Community Health Center ends the proposed use of the building, and any change of use of the building will require the applicant to return to the Zoning Board of Appeals for further approval. 7. Conditioned on the Town Planner review and input to the Building Commissioner with positive comments to be submitted to the Zoning Board of Appeals. If the Town Planner does not submit positive comments, than the applicant must return to this Board. Mr. Ganzenmuller seconded, yes, Mr. Reidy, yes, Mr. Pittsley,yes, Mr. Blaisdell,yes, Mr. Furbush, yes. All were in favor of the Modification request to the existing Special Permit. OTHER BUSINESS 44 Po �.onesset Island Road Sitting on this hearing are Chairman Bonvie, Mr. Blaisdell, and Mr. Furbush, and Associate Members, Sharon Sangeleer and Robert Caggiano. Attorney Christopher Kirrane represented the application. This project was issued a Special Permit by the Board to allow for the raze and replace back in the fall of 2022. There was an outstanding issue that this project received FEMA approval, and FEMA responded and requires that the basement be removed. There will only be a crawl space under the proposed dwelling. There is a couple of changes to the plan that was originally approved. The proposed garage was originally going to be attached,but will now become detached. There are two zoning issues, one is the detached garage that was originally 51 ft. will be 49 ft. closer to the road. However, it was a conforming condition prior the proposal.The requirement is 40 ft.,but 49 ft.is the new proposal and will remain a conforming condition. The other zoning issue is that the approved lot coverage will be reduced from 19.9% to 19.1% lot coverage which makes the new structure completely conforming. The only reason this project was before the Zoning Board was for the 50 ft. setback from wetlands. The shifting of the detached garage is now conforming, and the lot coverage is decreasing and is now conforming. Attorney Kirrane believes this is considered a minor modification and can be approved administratively by this Board. Chairman Bonvie asked if this project is creating any new non-conformities. Attorney Kirrane said; no. Mr. Bonvie asked if the lot is compliant with the remand case law. The plan was approved back in November does not have that specific information. 10