08/23/2023 ZONING BOARD OF APPEALS Minutes

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AUGUST 23, 2023 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES B) Existing 16 Popponesset Island Road (Lot 4A) Existing Are above flood zone and landward of bank = 19,930 sq. ft. Structures (garage, house, deck, boathouse with side stairs and deck) =4,729 sq. ft. Lot Coverage= 23.7% lot coverage. Portions of the exiting single family dwelling are located within the 50 foot setback from wetlands. Thus,the following non-conformities exist: Lot Area, Lot Coverage, and Setback from Wetlands. Attorney Ford stated that he provided the Board with diagrams of the existing dwellings. There are no height non-conformities, and are required to be at 35 ft. Attorney Ford confirmed there are no existing side yard, existing rear yard or existing front yard non-conformities. There are no new non-conformities being created. Chairman Bonvie reviewed the site plan and had a few questions. He wanted to know why there is an overflow pipe depicted on the site plan. He asked for an explanation under the "General Notes"regarding the "finished floor elevation, and wanted to know the reason for the lot coverage increase from 22.5%to 24.0%,and asked if that was an increase in the non-conformity.Mr. Bonvie wanted to know the percentage of this lot that is in the flood zone. Mr. Rivera stated that the design of the down spouts are to prevent excessive rain drainage backup from the drywells so excessive water will not backf-low over the roof. The design is for a 25-year storm event. The plan also depicts the low areas so any overflow goes to yard drainage. This was approved by Conservation. Mr. Rivera explained that the surveyor does not enter a dwelling to perform a measurement, and uses the threshold of the point of entry. Mr.Rivera mentioned that there was a case that the Board had a discussion regarding upland above the flood zone and beyond the wetlands. The lot coverage was 35% and was approved to go up to 40%. Counting land in the flood zone is about 67,600 sq. ft. of upland are discounting the wetlands. There is about 14,000 sq. ft. of LSTCSF, so there is 23,000 sq. ft. of upland area. Attorney Ford stated that the reduction in the lot coverage was improved from 6.3% to 1.5%., as well as the setbacks. The Board had a discussion regarding the 15 ft. private way dep�icted on the plan as the only access to the driveway. Attorney Ford is willing to accept a condition and to provide the Board a plan depicting that there is legal access on both entrances including the easement. Chairman Bonvie asked for further comments. Mr. Furbusb stated that the lot is odd shaped and he has no issues. Mr. Morris asked if the boat house was included in the lot coverage calculations. Mr. Rivera said; yes. 12