05/22/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS MAY 22, 2024 The structure itself has a few non-conformities. The lot coverage is 43.7%, the front yard setback is 18.6 ft. (which is non-conforming), and the side yard setback to the north is 7.4 ft. (which is a non-conformity). The shed is greater than 100 sq. ft. which is only 7.6 ft. off the lot line which can be considered a non-conforming condition as well. The project will be to raze the existing non- conforming structure and replace it with a flood zone compliant structure. The front yard setback will be eliminated and will become a conforming condition. The north setback will be improving. The current non-conformity is 7.4 ft., and will improve to 13.2 ft. The lot coverage will increase and will remain non-conforming, however as a percentage of the total lot area it will be 25%, and will be conforming to account for the total lot area. The two sheds will be removed from the property. The rear setback which is non-conforming from the shed will become a conforming condition. There are some components for the Board to consider to approve this project. This residential zone requires two parking spaces. The site plan depicts a drive way to provide two vehicles. There are no new non-conformities being created, and that this project is not substantially more detrimental to the neighborhood than what currently exists. There will be an I/A System being installed, dry wells are being installed to contain storm water onsite, and this project was approved by the Conservation Commission. The house will remain a two bedroom. This house is consistent with other projects in the neighborhood that were approved by this Board in the past. Mr. Ganzenmuller read the Board of Health comments into the record; "Facility is in a Zone II and is deed-restricted to 2 bedrooms previously permitted by the BOK Septic design plan for proposed new I/A system to be reviewed upon submission to the BOK Rodent inspection required, with abatement, if necessary. " Mr. Ganzenmuller read the Conservation Department comments into the record; "Conservation Department comments; this project was approved by the Conservation Commission at their May 9Lh public meeting. The project meets the applicable performance standards under Ch. 172, Regulation 25 (Land Subject to Inundation from Coastal Flowage)for a landlocked lot within the AE flood zone. New home is compliant with building code in the flood zone. Improved storm water runoff capture and overall reduction of impervious surfaces on the property. No other wetlands within 150 feet(wetland buffer zone) of the project site. Commission required the planting of 3-4 native trees as mitigation for the minor expansion of home footprint. The property owner will work with Concom staff to determine appropriate tree species and locations. " Mr. Bonvie asked for comments from Mr. Morris. Mr. Morris stated that he disagrees that the 97 sq. ft. shed should be considered being a non-conforming condition to the side setback because a 5 ft. setback is allowed, and is conforming. Attorney Kirrane stated that both sheds are being removed, but the proposed structure is 15.5 ft. so will become conforming irrespective of the sheds. 2