08/23/2023 ZONING BOARD OF APPEALS Minutes

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AUGUST 23,2023 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES Attorney Ford stated the second reason for the continuance was that a couple of Board members felt that the 28% lot coverage was too much. Attorney Ford mentioned that the design team submitted a revised site plan,and revised building elevations with a cover letter dated August 18, 2023 to highlight the changes of the plans. First there were changes to the grading in the flood zone, and there was prior approval from FEMA to 43,776 sq. ft. of land outside the flood zone which is the buildable upland figure to measure lot coverage. Secondly, the pool and spa were reduced, and replaced the coverage porches with open patios, and the Architect reduced and revised the west wing of the house involving the garage. Those revisions now total 10,494 sq.ft., and the prior application was 12,235 sq. ft. As a result of those changes, the lot coverage on the merged lot at 24% as opposed to 28.8%. The existing lot coverage on the two lots combined is 22.5%, so the proposed increase is 1.5%, rather than 6.3%. The setback from the flood zone has improved to 17 ft. of the flood zone from the original at 7.5 ft. A side yard setback improved slightly from 19.1 ft. to 19.2 ft. as opposed to the original application being 19.2 ft. for the house and 16.9 ft. of the pool. Attorney Ford stated that if the Board grants this project, the two non-conforming lots in terms of area would be eliminated, and there would be a condition to file an 81P, or an 81X plan submitted to the Planning Board, and then submitted to the ZBA and Building Commissioner to show one lot. That lot would conform to the area requirements and the proposed improvements on the property would still be non-conforming in terms of lot coverage because of the increase of 1.5% over what exists. There are significant improvements of the building area that is 1,500 ft. that is being eliminated from the 50 ft. setback from wetlands. The Conservation Commission approved the original proposal but the project would require Conservation to review the revised plans. The Board of Health submitted a letter and has approved the septic system. Attorney Ford believes that the Board can make a finding that the project improvements are not substantially more detrimental to the neighborhood. Attorney Ford mentioned he had a conversation with the direct abutter who reviewed the plans, and had no major issues. Mr. Reidy read the Conservation Department comments dated August 15, 2023 into the record; "This project was approved by the Conservation Commission. ", and the Board of Health comments into the record; "No comment. Septic design fits location and regulations. " Mr. Reidy read Town Counsel's letter dated July 21, 2023 into the record as follows: "Upon full review of the documents.for warded and research of case law on the subject of merged lot nonconformities, I do believe that the relief requested in this Raze and ReplaceSpecial Permit application is legally permissible , provided that: I. The ZBA finds that the change, extension, alteration, or reconstruction of the pre- existing nonconformities° (as they existed with respect to the two prior lots/structures) are not substantially snore detrimental to the neighborhood than the pre-existing conditions of the subject lots; 2. There is sufficient land area on the new/combined lot to provide sufficient parking; and 10