08/09/2023 ZONING BOARD OF APPEALS Minutes (2)

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residence satisfied all dimensional requirements except minimum lot size, but the proposed reconstruction significantly increased that volume of the single-family residence, the proposed reconstruction increased the nonconforming nature of the structure within the meaning of G.L.c. 40A, §6, first para. Bjorklund is binding upon the Zoning Board in this case. 25. The Thurstons' proposed project increases the size of the existing structure on 25 Menemsha Road and thus increases the nonconforming nature of the structure. 26. Under Mashpee Zoning Bylaw §174-28.A, "No building or structure shall be built, nor shall any existing building or structure be enlarged or altered except in conformance with the regulations of this Zoning Bylaw as to lot coverage, lot area, land area per dwelling unit, lot width, front, side and rear yards and maximum height of structures in the several districts as set forth below except as may otherwise be provided elsewhere in this Zoning Bylaw." 27. Minimum Lot Size. In the Popponesset Overlay District, applicable here, "Minimum lot size shall be six thousand(6000') square feet . . ." See Mashpee Zoning Bylaw §174-31 fn. 18. Under Mashpee Zoning Bylaw §174-31 fn. 12 ("Any water or wetland as defined under MGL C. 131, §40 . . . may not be counted toward minimum.lot size requirements."). 28. Because 25 Menemsha Road is entirely Land Subject to Coastal Storm Flowage within a Special FEMA Flood Hazard Zone, the lot at 25 Menemsha Road is within a wetland as defined under G.L.c. 131, §40 and does not have the minimum lot size required by Mashpee Zoning. 29. Maximum..Lot Covere. Mashpee Zoning Bylaw §174-3 defines Lot Coverage as "The amount of area on a lot covered by the horizontal cross section of structures." In the Popponesset Overlay District, applicable here, maximum of Lot Coverage is 25%. See Mashpee = 8 - 4891-6173-5287A