03/13/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Robert P. McDonald, Jr. and Tracy A. McDonald 14 Capstan Circle, Map 111, Parcel 101 Mashpee, MA 02649 SP-2024-09 This lot is located on Spoondrift Cove. The total lot area is 14,533 sq. ft. However this lot is partially within (LSTCSF) Land Subject To Coastal Storm Flowage for zoning purposes reduces the lot area to 3,222 sq. ft. The lot is considered non-conforming from lot area and frontage. The structure itself is non-conforming in a couple areas; the existing lot coverage deducting from LSTCSF is 70.8%. However, the percentage of structure coverage for the total lot area is only 15.7%. The southerly side yard setback is 12 ft. which is a non-conforming condition, and non- conforming to the setback from wetlands. The proposal consists of a raze and rebuild a new code, and flood zone compliant structure. There are no new non-conformities being created, and there is no intensification of any existing non- conformities. The side yard will remain at 12 ft. A new I/A system is being proposed and there is no increase in the number of bedrooms. There will be dry wells installed to provide for storm water management. The Conservation Commission has approved this project and there is substantial mitigation as part of this proposal. The proposed total lot area is 19.9%which is under 20%,and the proposed new dwelling is similar in size and character to the abutting properties, there will be sufficient parking, and the new dwelling will not constitute a condition that is substantially more detrimental to the neighborhood. GENERAL FINDINGS The subject property located at 14 Capstan Circle contains 14,533 sq. ft. of land. There were no abutters present. The Conservation Commission comments were read into the record: "The commission approved this project at their May 9th, 2024 public meeting subject to the following conditions: (1) submission of a signed three year mitigation planting monitoring and maintenance contract between the property owner and a qualified landscape professional and; (2) all patio areas must be comprised of pervious materials. " The Board of Health comments were read into the record; "Attached septic plan is for 3 bedrooms, septic plans must be submitted to Heath Department for review before building permit approval. " Mr. Bonvie asked for Board member comments. Mr. Furbush mentioned that the site plan depicts a shed that is being removed situated on the property line. He requested that a condition be noted that the shed will in fact be removed. Chairman Bonvie questioned the engineering design on the site plan depicting an overflow pipe of the drainage system. The Board questioned Attorney Kirrane if the Conservation Commission reviewed and discussed the dry wells and retention of water on the site. 2