08/14/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 14, 2024 6. The Board finds that the proposed project under §174-17 and §174-33 is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood. Mr. Ganzenmuller, second yes, Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Goldstein, yes, Mr. Bonvie, yes. All were in favor to issue a Written Finding. 54 Kim Path: Owners John J. and Christine S. Mizzi request a Special Permit under §174-17.1 and§174-33 of the Zoning Bylaws to raze and replace a pre-existing,nonconforming single-family structure on property located in the R-3 and Popponesset Overlay District(s), Map 117, Parcel 96, Mashpee, MA. Sitting on this hearing are the three regular Board members, and Associate Members, Mr. Reidy and Mr. Milbury. Attorney Christopher Kirrane represented the homeowners for the raze and replace project located at 54 Kim Path. The Popponesset Overlay District dimensional requirements are 6,000 sq. ft. of lot area, 60 ft. of frontage, 25 ft. front yard setback, and 15 ft. on the side and rear setbacks, 25% lot coverage, and a 50 ft. setback from wetlands, and a 30 ft. height restriction. This project has four nonconforming conditions. The lot is completely within the flood zone, so it has zero sq. ft. of lot area based of the new flood zone regulations. The other nonconforming existing conditions; 7,125 sq. ft., lot area, 50 ft. setback from wetlands, 100% lot coverage, and the southwesterly side yard setback is currently 13.4 ft. The existing structure coverage is 7,125 sq. ft. and is currently 20.8% lot structure coverage. The structure coverage will increase to 287 sq. ft., and will increase to 24.83% which is still under the 25%requirement. The southwest side yard will improve from 13.4 ft. to 14.5 ft. There are no other nonconformities being created. Attorney Kirrane noted the future improvements that will be constructed on the lot, and will not result in a condition that is substantially more detrimental than what exists. Mr. Reidy read the Board of Health comments dated August 9, 2024 into the record; "Septic submitted to zoning shows upgrade of septic with EA technology. 3 bedroom. Doors cannot be put on "Loft". Septic plan must be submitted to Health Department Permiteyes,for official review, when Building permit is pulled. " 9