08/28/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 28, 2024 Attorney Christopher Kirrane represented the homeowners for their Written Finding request at 45 Popponesset Island Road to add an approximate 252 sq. ft. addition to the existing single-family dwelling. This property is located in the R-3 Zoning District which has a minimum lot area of 40,000 sq. ft.,a minimum requirement of 150 ft. of frontage, 15 ft. side and rear side yard setbacks, 20%lot coverage, and a 50 ft. setback to wetlands. There are four nonconformities on this lot. This lot is entirely in the flood zone and for zoning purposes there is zero square feet of lot area, although this is a 16,000 sq. ft. lot. The front yard setback to Chart Way is 30.5 ft.where 40 ft. is required. The setback to Popponesset Island Road is 21.2 ft. where 40 is required, and the rear yard setback to Popponesset Island Road is 6.2 ft. which is a nonconforming condition. The proposed addition will not affect any of the existing nonconformities and will be approximately 30 ft. from Popponesset Island Road which is further away than any existing structures that are closer on Popponesset Island Road.A percentage of total lot area, the existing coverage is 19.5% and will increase to 19.6%. The Conservation Commission has approved this project,and is consistent with other development in the neighborhood. Attorney Kirrane suggested that this project is not creating any conditions that are substantially more detrimental to the neighborhood. Mr. Reidy read the Board of Health comments dated August 27, 2024 into the record; "To remain 3 bedroom. House already equipped with I/A septic." Mr. Reidy read the Conservation Department comments dated August 27, 2024 into the record; "Resource Areas: Buffer zone to salt marsh & LSCSF. NOI application was approved unanimously due to improvements to the buffer zone to salt marsh and improvements to storm water management onsite through installation of a drywell to control proposed patio runoff. Condition of three (3)year mitigation and monitoring contract with a qualified professional for all mitigation plantings. The Board wanted clarity regarding the existing deck in the rear of the property that is depicted on both the existing and proposed site plan. Attorney Kirrane said that the rear deck is being reduced as noted within the red line depicted on the proposed site plan. There were no more Board questions. Mr. Morris said that he does not see any new nonconformities. Mr. Furbush made a motion to close the public hearing. Ms. Sangeleer second. All were in favor. Mr. Reidy made a motion that the Board issue a Written Finding to Owners, Lisa Jacobs Conti and Christopher Conti located at 45 Popponesset Island Road with the following conditions: 7