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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, The Popponesset Island Road LLC and <br /> Jonathan Bernstein, Trustee of <br /> 16 Popponesset Island Road.Realty Trust <br /> 12 & 16 Popponesset Island Road <br /> (Map 105 Parcel 264) (Map 105 Parcel 266) <br /> Mashpee, MA 02649 <br /> SP-2023-34 <br /> Attorney Ford stated the second reason for the continuance was that a couple of Board members <br /> felt that the 28% lot coverage was too much. Attorney Ford mentioned that the design team <br /> submitted a revised site plan, and revised building elevations with a cover letter dated August 18, <br /> 2023 to highlight the changes of the plans. First there were changes to the grading in the flood <br /> zone, and there was prior approval from FEMA to 43,776 sq. ft. of land outside the flood zone <br /> which is the buildable upland figure to measure lot coverage. Secondly, the pool and spa were <br /> reduced, and replaced the coverage porches with open patios, and the Architect reduced and <br /> revised the west wing of the house involving the garage. Those revisions now total 10,494 sq. ft., <br /> and the prior application was 12,235 sq. ft. As a result of those changes, the lot coverage on the <br /> merged lot at 24% as opposed to 28.8%. The existing lot coverage on the two lots combined is <br /> 22.5%, so the proposed increase is 1.5%, rather than 6.3%. The setback from the flood zone has <br /> improved to 17 ft. of the flood zone from the original at 7.5 ft. A side yard setback improved <br /> slightly from 19.1 ft.to 19.2 ft. as opposed to the original application being 19.2 ft. for the house <br /> and 16.9 ft. of the pool. <br /> Attorney Ford stated that if the Board grants this project, the two non-conforming lots in terms <br /> of area would be eliminated, and there would be a condition to file an 81P, or an 81X plan <br /> submitted to the Planning Board, and then submitted to the ZBA and Building Commissioner to <br /> show one lot. That lot would conform to the area requirements and the proposed improvements <br /> on the property would still be non-conforming in terms of lot coverage because of the increase <br /> of 1.5% over what exists. There are significant improvements of the building area that is 1,500 <br /> ft. that is being eliminated from the 50 ft. setback from wetlands. The Conservation Commission <br /> approved the original proposal but the project would require Conservation to review the revised <br /> plans. The Board of Health submitted a letter and has approved the septic system. <br /> Attorney Ford believes that the Board can make a finding that the project improvements are not <br /> substantially more detrimental to the neighborhood. Attorney Ford stated he had a conversation <br /> with the direct abutter who reviewed the plans, and had no major concerns. <br /> GENERAL FINDINGS <br /> Mr. Reidy read the Conservation Department comments dated August 15, 2023 into the record; <br /> "This project was approved by the Conservation Commission. ", and the Board of Health <br /> comments into the record; "No comment. Septic design f is location and regulations. " <br /> 4 <br />