08/23/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Thomas R. Fordham and Laurie L. Fordham 428 Monomoscoy Road, Map 124 Parcel 52 Mashpee, MA 02649 SP-2023-46 The current structure coverage is 15.2%.The proposal is to raze and replace the existing dwelling, and to eliminate the westerly side yard setback to conform at 15.5 ft., and reduce the overall lot structure coverage to 12.7%. There will be 300 sq. ft. less of structure. The project was approved by the Conservation Commission and will include an IA technology micro-fast septic system. Attorney Kirrane stated for the record reasons he believes the Board should approve this raze and replace project. He stated that the proposed new structure will be flood zone compliant and building code compliant. There are no new non-conformities being created, and there will be dry wells installed to capture all water runoff. The proposal includes a new gravel driveway to provide sufficient parking for two vehicles,the proposed new dwelling is not substantially more detrimental to the neighborhood than what exists today,and the new structure will be built similar to other dwellings in the neighborhood that have been approved by the Board in the past. Chairman Bonvie asked Mr. Lizardi-Rivera to explain the easements depicted on the site plan that runs through the property, and if it was excluded from lot coverage. Mr. Rivera stated that there are two easements for purposes of calculating lot coverage. The easement that is more than 20 ft.wide was excluded from lot coverage. There's an easement in the front of the property,and a 10 ft. wide easement that goes through the entire property to the water. The easement that runs through the property does not get deducted from lot coverage. The Board questioned a 126 sq. ft. shed depicted on the site plan located 2 ft. off the property line within the easement. The Board is well aware that sheds should be located 5 ft. from any side line as indicated under bylaw Section 174-31 fn. 23.The easement is considered a paper road,and people have certain rights to travel along that easement. The Board stated that the shed should be either removed or relocated. Attorney Kirrane asked the Board that he is not required to return for a modification to the plan if conditions are made to remove or relocate the shed. GENERAL FINDINGS The subject property located at 428 Monomoscoy Road contains a total of 12,600 square feet of land. For purposes of calculating minimum lot size under §174-31 fn. 12, the lot area is 2,033 sq. ft. The Board of Health comments dated August 15, 2023 were read into the record; "3 bedroom house, septic is design properly, no comment. The Conservation Department comments dated August 15, 2023 were read into the record; "This project was approved by the Conservation Commission. " 2