06/12/2024 ZONING BOARD OF APPEALS Minutes

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JUNE 12, 2024 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department. 5. Any changes to the plans will require the applicant to return to this Board. 6. Conditioned that the applicant seek and obtain the Town Planner's review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior to the application of a building permit. 7. The Board finds under §174-17.1 and §174-33 that the proposed project is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood,that there is sufficient parking, and there are no new non-conformities being created. Mr. Furbush, second, yes, Mr. Blaisdell, yes, Ms. Sangeleer, yes, Mr. Goldstein, yes, Mr. Bonvie, yes. All were in favor to issue a Special Permit. 58 Bearse Road: Owner, Joan F. Flanagan requests a Special Permit under §174-17.1 and §174- 33 of the Zoning Bylaws to raze and replace a pre-existing,non-conforming single-family dwelling with a new single-family structure on property located in an R-3 Zoning District, and the Popponesset Overlay District, Map 117, Parcel 32, Mashpee, MA. Attorney Christopher Kirrane represented the Owner, Joan Flanagan requesting a Special Permit to raze and replace a single-family dwelling pursuant to §174-17.1. This property is located in the Popponesset Overlay District. The dimensional requirements in this neighborhood requires 6,000 sq. of lot area, 60 ft. of frontage, a front setback of 25 ft., 15 ft. from the rear and side setbacks, 25% lot coverage, and 50 ft. from the wetland resource area. This property has four non- conformities. This lot is partially within Land Subject To Coastal Storm Flowage. There is a lot coverage non-conformity of 69%, setback to wetlands is zero, and both side yard setbacks are nonconforming. The southerly side is 17 ft. and the northerly side is 10.5 ft. which are nonconforming conditions. The non-conformities to the side yard setbacks will be improved from 12.7 ft. to 12 ft. on the south side, and 10.5 ft. to 13 ft. on the north. There are no new non-conformities being created. There will be no intensification of those setbacks. The total lot coverage will be 23.6% which is under the 25% requirement. There will be drywells installed. The shed is being eliminated. There is a proposed I/A septic system, and this project was approved by the Conservation Commission. The actual structure coverage increase is less than 130 sq. ft. even though the lot coverage is increasing from 69% to 77.7%. 7