01/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 10,2024 Attorney Kevin Klauer represented the homeowner, Patrick Dale who was present and is seeking to raze and rebuild a pre-existing, single-family residential structure. The property is approximately 16,000 sq. ft. and is located in an R-3 residential neighborhood, and is within the AE 11 flood zone. Presently there's a three-bedroom single family dwelling with a detached shed total footprint of 1,587 sq. ft. The existing dwelling is nonconforming and the shed is also nonconforming and is over 120 sq. ft., there are a number of nonconforming setbacks on the property. The front setback is 17.5 ft. where 40 is required. The side yard setback to the shed is .6 ft. where 15 ft. is required. The house is also nonconforming at 26.2 ft. to the wetlands where 50 is required. The lot is undersized by current standards. The new dwelling will be flood zone and building code compliant. The habitable space and mechanicals will be one ft. above the flood zone elevation. Pursuant to Section 174-17.1, pre- existing nonconforming single-family dwelling structures can be changed by Special Permit provided that the new structure is not substantially more detrimental than the pre-existing structure. The proposed dwelling will remain a three bedroom as existing, and a new denitrification septic system will be installed. The existing non-conformities will be improved. The shed will be replaced with a new barn structure. The side yard setback will improve from.6 ft.to 10 ft,the front yard setback will improve to 18.5 ft. The rear yard setback will improve to 28.8 ft. from the wetlands, and will comply with the FEMA regulations. There is a unique feature to this application. The applicant is proposing to utilize the area within the foundation for additional flood storage capacity by installing flood vents in order to reduce hydrostatic pressure in the event of a flood, and the foundation floor will be filled with crushed stone rather than an impervious floor in order to provide flood storage capacity. There are no new conformities being created,the density on the site has not changed,the bedroom count will remain the same, and a new denitrification system will be installed. The wildlife habitat will improve by the installation of substantial mitigation plantings and lawn. The new structure will be building and stretch code compliant. The foundation will meet flood zone requirements by eliminating the current cinderblock foundation. The site will have dry wells and gutters installed to capture any water runoff. The Board reviewed the site plan and noticed that the description of the pre-existing and proposed structures under Chapter 13140 were depicted on the plan. Mr. Reidy read the Board of Health comments dated December 28, 2023 into the record. "Office on first floor meets definition of a bedroom. New I/A septic must be designed to accommodate 4 bedrooms. " Attorney Klauer stated that the room on the first floor now has a 6 ft. cased opening, and was revised on the plan. . Mr. Reidy read Catherine Laurent, DPW Director's comments dated January 8, 2024 into the record; "Monomoscoy Road is a Town road. Because of the new construction proposed, a Curb Cut permit from DPW will be required so that the driveway can be brought into compliance with the regulations. " 7