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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owner, Brendon P. Giblin <br /> 90 Popponesset Island Road, Map 106, Parcel 34 <br /> Mashpee, MA 02649 <br /> SP-2023-67 <br /> Mr. Morris stated that he will be doing a very thorough inspection of the foundation. He said that <br /> this project is in a V-zone, and will be under major scrutiny. He asked questions regarding the <br /> retaining walls. The proposed deck with the spiral staircase is in the V-zone and needs to be free <br /> standing and not attached to the house or the house will require to be elevated. The pool equipment <br /> is at flood elevation 11, and needs to be at elevation 12. The out-building (does not meet the <br /> definition of a garage), and is in the V-zone, which requires to be at elevation 16 and might have <br /> to be raised. <br /> Mr. Dibb explained that the retaining wall around the pool is decorative and only 2 ft. high. <br /> Mr. McManus stated that he has submitted questions for Town Counsel to consider the order of <br /> conditions submitted by the Conservation Department and can make sure that the mitigation of <br /> this project is following the process as intended. The Conservation Department will still be <br /> overseeing the mitigation, and maintains jurisdiction of this project. <br /> The Board heard comments from Mr. Colombo, Chair of the Conservation Commission. He said <br /> that the Conservation Commission follows the Town bylaw Chapter 172, Regulation 25. He said <br /> that the Conservation Commission denied this project because it did not meet the standards under <br /> Regulation 25 Section C 7 (1) and (2). <br /> Chairman Bonvie stated that the Zoning Board follows the Zoning Bylaws for a Special Permit <br /> specifically listed under §174-24 C (2) for the Board. <br /> GENERAL FINDINGS <br /> The subject property located at 90 Popponesset Island Road has 20,421 sq. ft.of land.For purposes <br /> of calculating minimum lot size under§174-31 fn. 16,the lot area currently is 1,274 sq. ft. (100%), <br /> and the proposed is 3,138 sq. ft. (100%). The minimum dimensional requirements in the R-3 <br /> Zoning District are as follows: <br /> Minimum lot size—40,000 sq. ft. (20,421 sq. ft. pre-existing, nonconforming) <br /> Minimum frontage— 150. ft. (existing and proposed) <br /> Minimum Front Yard Setback—40 ft. (existing 41.9 ft.,proposed is 40.1 ft.) <br /> Minimum Side and Rear Yard Setbacks— 15 ft. (existing is 37.5 ft.,proposed is 37.7 ft.) <br /> There were no abutters present. <br /> 4 <br />