02/14/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioners, Patrick McNamara and Julie McNamara Owners of Record: Harry F. Selewacz and Marilyn T. Selewacz Irrevocable Family Trust 70 Alma Road(Map 117, Parcel 161) Mashpee, MA 02649 SP-2024-06 This lot is partially located within (LSTCSF) Land Subject To Coastal Storm Flowage. The total lot area is 7,392 sq. ft.,however,the lot is only 3,039 sq. ft.deducting land subject to coastal storm flowage. The lot area is non-conforming, and the frontage is conforming. Given the deduction of the LSTCSF, lot coverage is non-conforming at 43.7%. The total pre-existing lot area is 17.9%. The Popponesset Overlay allows maximum of 25%. The structure itself has 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 ot 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 this project is not substantially more detrimental to the neighborhood than what currently exists. There will be an UA system 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. GENERAL FINDINGS The subject property located at 70 Alma Road contains a total of 6,000 sq. ft. of land. For purposes of calculating minimum lot size under §174-31 n. 16, the lot area is 3,039 sq. ft. The subject lot is located in the Popponesset Overlay District. The minimum dimensional requirements in the Popponesset Overlay District area as follows: Minimum Lot Size—6,000 sq. ft. Minimum Frontage—60 ft. Minimum Front Yard Setback Minimum Side and Rear Yard Setbacks— 15 ft. 2