12/13/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 13, 2023 Mr. Reidy read Evan Lehrer, Community Development Director comments into the record dated December 6, 2023 into the record: "Recommendation: The Planning Department suggests that the proposed continuance, extension or alterations proposed would not be substantially more detrimental to the neighborhood than existed previously and that the Board can grant a written finding. This recommendation is made solely because the expanded deck area that increases the setback to water and wetlands' nonconformity is over aportion of the lotpreviously disturbed with a set of stairs. Please be mindful of a potential lot coverage nonconformity and ensure, if it exists, that that nonconformity is considered in your deliberation and motions. Mr. Bonvie addressed the Board and stated for the record that the members should take these recommendations into consideration, but the Board is not bound by these recommendations. Mr. Bonvie stated that the deck is increasing the nonconformity setback to wetlands and he is concerned that the lot coverage may not be calculated correctly and is similar to the last hearing. The calculation for LSTCSF is not noted on the plan and the Board does not know if the percent lot coverage is included in that calculation. Mr. Furbush did notice on the plan that the grade land area of the deck that is increasing is steep. Mr. Bonvie stated that part of the lot is in the resource area. The engineer who prepared the plan did not use lot square footage in its totality in computing lot coverage, and has to reduce the lot area by the land that is under Conservation jurisdiction, and then use the lot coverage computation. The plan should include both the Land Subject to Coastal Storm Flowage, and excluding. There were no comments from the audience. Mr. Furbush stated that the applicant should review the 14.8% lot coverage and determine if it includes the LSTCSF. The Board needs this clarification noted on the plan. Mr. Bonvie stated to the applicant to understand what the setback backs are with the improvements made from the (BVW) Bordering Vegetative Wetlands including any and all land under Conservation jurisdiction. The Board needs to see these dimensions noted on the revised plan of the resource area. Mr. Reidy made a motion relative to 33 Sunset Circle to continue the hearing until January 10, 2024 with the revised plans presented to the Board. Mr. Ganzenmuller second. All were in favor. 29 Riverside Road: Owners, Russell J. and Anne E. Spencer request a Special Permit under § 174- 17.1 of the Zoning Bylaws to raze a pre-existing, nonconforming single-family dwelling and replace it with a new single-family dwelling on property located in an R-3 Zoning District, Map 119 Parcel 81, Mashpee, MA. The subject property has the following pre-existing nonconformities: minimum side yard setback, lot coverage, and setback to water and wetlands. The Board will determine whether or not the proposed replacement dwelling has adequate parking and that any nonconforming aspects of the replacement dwelling are not substantially more detrimental to the neighborhood. 0