06/12/2024 ZONING BOARD OF APPEALS Minutes

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JUNE 12, 2024 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES Attorney Christopher Kirrane represented Owner, Mr. Saarinen requesting for a Special Pen-nit to raze and replace a nonconforming single family dwelling under Section 174-17.1 located at 62 Whippoorwill Circle. This property is located in the R-3 Zoning District which requires 40,000 sq. ft. of lot area, 40 ft. front yard setback, 15 ft. side and rear yard setbacks, 20% lot coverage, and 50 ft. setback from wetlands. This lot consists of 13,054 sq. ft. lot, and is totally within Land Subject to Coastal Storm Flowage. There is a 39.1 ft.nonconformity of the front yard setback from Whippoorwill Circle. There is no increase in the overall coverage of structures. The existing coverage is 16% and will remain 16%. This project was approved by the Conservation Commission with a significant mitigation restoration. There is a new I/A septic system proposed, and the front yard nonconforming setback will be eliminated. There are no new nonconformities being created. There is sufficient parking for two vehicles, and the proposed project will not be substantially more detrimental than what previously exists. Attorney Kirrane provided his written narrative with similar projects in the neighborhood. Mr. Reidy read the Board of Health comments dated June 10, 2024 into the record; "3 bedroom house. Updated septic plans with waterline must be submitted to Health Department Permit Application." Mr. Reidy read the Conservation Department comments dated June 6, 2024 into the record; "Resource Areas: Land Subject to Coastal Storm Flowage (LSCSF)NOI application for raze and replace of existing single family dwelling with attached garage, drywells, and upgrade to an IA septic system. Application was approved at the April 181h hearing with condition to increase naturally vegetated area to original 22.5%of lot and lawn not to be over 10%ofproperty lot with a vote of 4:1. " Chairman Bonvie wanted to make certain that the new septic system plans were submitted to the Board of Health. The Board reviewed the building plans to determine the height of the proposed dwelling, and to confirm the amount of drywells to be installed. The height requirement in the R-3 Zoning District is 35 ft. of the average grade. The Board will make certain to discuss the height of the dwelling with the Building Commissioner. There were no comments from the audience. There were no further comments from the Board. Mr. Bonvie asked for a motion to close the public hearing. Ms. Sangeleer, so moved. Mr. Ganzenmuller, second. All were in favor to close the public hearing. 11