06/14/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners,The Popponesset Island Road LLC and Jonathan Bernstein, Trustee of 16 Popponesset Island Road Realty Trust 12 & 16 Popponesset Island Road (Map 105 Parcel 264) (Map 105 Parcel 266) Mashpee, MA 02649 SP-2023-34 The proposed plan depicted the merge of the two lots, and the elimination of the common lot line between the two properties, and placing both parcels in common ownership. Attorney Ford referred to the zoning table on the proposed plan. The Ross calculation will be 42,500 sq. ft. and will become conforming. The front yard setback of the proposed house will be conforming at 67 ft., and the rear setback will be 63 ft., and the side yard setbacks are currently 19 ft., and 16 ft. The proposed side yard setbacks will be 19 ft. on the house, and 16.9 ft. from the pool. The current wetlands setbacks under the 50 ft., are currently 7 ft. and 23 ft. and the proposed setback from the wetlands is 7.5 ft. The proposed house renderings depicted four exhibits of the impervious area of the wetlands 50 ft. setback within the two existing lots as 4,580 sq. ft. from the top of coastal bank, as measured under the Ross Case. The second exhibit is the proposed calculation within the 50 ft. wetlands setback as 3,307 sq. ft. and the reduction of impervious is over 1,200 sq. ft. The third exhibit is the existing structures within the 50 ft. setback of the structures, of 3,586 sq. ft. and the last exhibit is proposed is 2,006 sq. ft., and is a reduction of 1,500 sq. ft. in that 50 ft. setback area. The zoning tables shows the wetlands setback shows 7 ft., and the proposed will be 7.5 ft. is not getting any closer. Attorney Ford said that an order of conditions was issued by the Conservation Commission. There is an increase in lot coverage under the proposal. The current lot coverage of the two houses is 22.5%, and the maximum allowed is 20%. The lot coverage of the proposed new house with the other structures,and the pool is 28.8%which is an increase of over 6%. However,the lot coverage for the upland on the site including the LSTCSF with the two existing houses combined is conforming at 13.7%,and the proposed house is 18.1%under the Ross Case.The new lot is 67,600 sq. ft. of upland. However, the lot area under the Ross formula is only 42,500 sq. ft. There is an increase in the non-conforming lot coverage on the site, but the Attorney suggested that it is not a substantial detriment under Section 174-17.1, and under the Ross Case, it is not more detrimental to the neighborhood. Attorney Ford suggested that there are benefits to this raze and replace. There are two non- conforming lots that will be eliminated and will become one conforming lot. But is still non- conforming from the wetlands, and the increase in the non-conformity of lot coverage. Mr. Blaisdell asked for the percent structure lot coverage for each individual lot. Chairman Furbush was concerned with the increase of the 28%lot coverage.He said that the Board has been trying to set a precedence to follow the requirement of the bylaw. 2