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

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Zoning Bylaw §174-31 fn. 18. Under Mashpee Zoning Bylaw §174-31 fn. 16, "Any water or wetland, as defined under MGL C.131, §40 . . . may not be counted toward lot size for the purpose of calculating maximum lot coverage". 30. Because 25 Menemsha Road is entirely Land Subject to Coastal Storm Flowage within a Special FEMA Flood Hazard Zone and within a wetland as defined under G.L.c. 131, §40, the lot at 25 Menemsha Road exceeds the maximum lot coverage permitted by Mashpee Zoning. 31. Maximum Number of Stories. Under Mashpee Zoning Bylaw §174-31, no structure in the R-3 zoning district may exceed 2 1/2 stories. Under Mashpee Zoning Bylaw §174-3, Story is defined as "That portion of a building contained between any floor and the floor or roof next above it, but not including any portion so contained if more than one-half(1/2) of such portion vertically is below the average natural grade of the ground adjoining such building." 32. According to the plans filed by the Thurstons,the entire area under the reconstructed house is to consist of a concrete slab on grade. As such,the level at grade is above a floor and must be counted as a story, and the proposed Thurston Project exceeds 2 1/2 stories. 33. Minimum Building Setbacks. In the Popponesset Overlay District, applicable here,minimum building setbacks are 25 feet for the front yard and 15 feet for the rear and side yards. See Mashpee Zoning Bylaw §174-31 fn. 18. In addition,under Mashpee Zoning Bylaw §174-33, "Any building or structure . . . shall be set back at least fifty (50')feet from any-water or wetland as defined by MGL C. 131, §40." 34. According to the plans for the Thurston Project filed with the Mashpee Conservation Commission,the rear yard setback will be 12.2', which is less than the minimum required rear yard setback. In addition,because 25 Menemsha Road is entirely Land Subject to - 9 - 4891-6173-5287.v1