03/13/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 13,2024 Attorney Christopher Kirrane represented the applicants seeking a Written Finding for approval of an addition to a pre-existing non-conforming structure located in the R-3 Zoning District. The lot is non-conforming at 10,700 sq. ft.,and is partially in the flood zone. The existing structure is non- conforming in three ways. There's two front yard setbacks that are non-conforming,one is 25.3 ft. from Monomoscoy Road, and the other front yard setback is 26.5 ft. from Childs Road where 40 ft. is required, and the existing structure is not setback 50 ft. from the (LSTCSF) Land Subject to Coastal Storm Flowage. The applicants are proposing a modest addition in the rear of the structure and it is in an already disturbed lawn area. The addition will be compliant, and there are no new non-conforming conditions being created, and it is not intensifying any existing non-conformities. The current lot coverage is 13%, and with the addition it will be 17.5%which is under the 20%requirement. The Conservation Commission approved the project. This redevelopment is consistent with other redevelopments in the neighborhood. Chairman Bonvie asked for any department comments. Mr. Reidy read the Board of Health comments dated February 27, 2024 into the record; "to remain 2 bedroom. Variance from septic tank expired 12-31-23. " Mr. Reidy read Dan Kent, Assistant Conservation Agent comments dated March 8, 2024 into the record; "RDA application received a Negative Determination with condition for erosion control around spoils pile. Addition in rear of house will be flood compliant and will was determined to have no adverse impact on wetlands. " Mr. Reidy read Evan Lehrer, Town Planner comments dated March 13,2024 into the record; "The subject property is improved with a lawful pre-existing nonconforming single-family dwelling off Monosomy Road and Childs Road. The lot contains 10,700 sq.ft. of upland area where 40,000 sq. ft. is required. Side and rear setbacks are conforming but there are nonconforming front setbacks from the existing dwelling to Monomoscoy Road and Childs Road; 25.3' and 26.5' respectively where 40'is required. Frontage appears to be adequate when considering the total frontage along both streets. Lot coverage, when appropriately calculated removing the portion of the lot that are wetlands as defined in MGL Ch. 131 Section 40 totals 13.1% (13% is shown on the plans). " "The lot, being partially impacted by Land Subject to Coastal Storm Flow (LSCSF), has a nonconforming setback to water and wetlands. The applicant proposes to alter the pre-existing nonconforming structure by building an addition of the rear of the dwelling to include a new master bedroom and small deck. According to the Board of Health, the house is currently 2 BRs and will remain 2 BRs presumably one of the existing bedrooms will be decommissioned as required. The addition will moderately increase lot coverage to 17.5% which remains under the 20%maximum. " 10