07/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 10, 2024 The property is situated in the R-3 Zoning District which requires a lot size of 40,000 sq. ft., lot frontage of 150 ft., and 15 ft. on the side and rear setbacks. The lot is nonconforming at 19,559 sq. ft. The existing lot structure coverage is 7.7%, and the proposed structure coverage will be 8.2%. The lot coverage is currently 23.8% and will be reduced to 25.4%. The lot size is 60,885 sq. ft. if removing the flood zone. Mr. Furbush read the Conservation Comments dated July 8, 2024 into the record; `Project as proposed will not result in diversion of flood waters or loss of flood storage capacity as all proposed structures are either pervious, semi pervious or allow for flow through of flood waters relatively unimpeded. No grading changes and no impacts to bordering vegetated wetlands or salt marsh. Buffer zone will be enhanced with mitigation plantings." Mr. Ganzenmuller read the Building Commissioner comments dated July 8, 2024 into the record; "In regards to the setbacks of the second story bump out and the swimming pool at 84 Punkhorn Point Rd. I feel both items required Variance relief at the time of application of permit. According to M.G.L. 40A section 7, since a permit was granted and no action to compel removal or relocation of these structures within 6 years, they become legally non-conforming structures subject to M.G.L. 40A section 6 and Mashpee Zoning Bylaw 174-17. Further, a Variance was originally granted for 174-32 Fire Protection which is exterior of the lot and does not impose an increase to area,frontage, width,yard or depth. Therefore, no further protection is required. " Ms. Sangeleer read the Board of Health comments into the record dated July 8,2024; "No increase in habitable space. Septic Reserve Area moved to new location. " Mr. Ganzenmuller read two abutter letters into the record that were in favor of the project. Chairman Bonvie polled the Board for questions. Mr. Furbush had concerns that the 256 sq. ft. cabana was increasing the lot coverage. The Board had a discussion and would prefer that the cabana be removed because it is increasing the lot coverage. Attorney Kirrane stated that the percent lot coverage is only increasing by 8%. The existing percent lot coverage is 23% by removing the flood zone. The pool is pre-existing, nonconforming and is setback 40 ft. Mr. Blaisdell stated that the Board has to determine if the application is considered more detrimental than what previously exists. He explained that the Board in the past has allowed percentage increases under the old lot coverage ruling. Ms. Sangeleer commented that the size of the cabana would require the same setbacks as a shed. Chairman Bonvie mentioned that the cabana could be removed from the application request. He asked for audience comments. 2