08/14/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 14, 2024 Attorney Christopher Kirrane represented the homeowners for their raze and replace application. This property is located in the Popponesset Overlay District and has the following minimal dimensional requirements; 6,000 sq. ft., 60 ft. of frontage, 25 ft. front yard setback, 15 ft. side and rear setbacks, 25% lot coverage and a 50 ft. setback from wetlands which applies to any district. There are five nonconformities; this property is wholly located within the flood zone which is zero sq. ft. does not meet the 50 ft. setback to wetlands, lot coverage is 100%, the front yard setback is 20.4 ft., from Pond St. the requirement is 25 ft., and the rear yard setback from Pond St is 12.6 ft. and that requirement is 15 ft. Additionally, the percentage of the total lot area, the coverage is currently 24.9%. The calculation is the existing structure index divided by the 7,774 sq. ft.is 24.9% lot coverage. Attorney Kirrane stated that the new structure build will be decreasing. The existing structure is 1,940 sq. ft., and will reduce to 1,732 sq. ft. The existing percentage of lot structure coverage is 24.9% and will decrease to 22.3%. The 20.4 ft. front yard setback to Pond St. is being eliminated, and will become conforming at 25.7 ft. The rear yard setback will remain the same at 12.6 ft. Attorney Kirrane listed the several improvements that will be made to the property. There are no new nonconformities being created. Mr. Reidy read the Board of Health comments dated August 9,2024 into the record; "No comment to remain 3 bedroom with the addition of I/A septic system per Mashpee 1000 foot 11A regulations. " Mr. Reidy read the Conservation Department comments dated August 12, 2024 into the record; Resource Areas: Bordering Vegetated Wetland (BVW) &LSCSF, NOI application was approved with a 3-1 vote due improving water storage capacity onsite, drywell install, flood compliant basement, IA septic upgrade, and creation of naturally vegetated areas where none existed prior. " Chairman Bonvie asked if the engineer used NOA or DEP criteria to determine the 25-year flood plain. In review, there will be a reduction in lot coverage, one nonconformity will become conforming, and there are no new nonconformities being created. Attorney Kirrane stated the one nonconformity which is the 12.6 ft. rear setback and will remain the same. The lot has two rear yard setbacks and two front yard setbacks but there is no intensification of the existing nonconformities and no new nonconformities are being created. Mr. Furbush made a motion to close the public hearing. Mr. Blaisdell, second. All were in favor to close the public hearing. 4