09/25/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 25, 2024 2 Ned Besse Road: Owner, Peter W. Salenius, Trustee of the Salenius Realty Trust requests a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing, nonconforming single-family dwelling and replace it with a new single-family dwelling on property located in an R5 Zoning District, Map 21, Parcel 2, Mashpee, MA. Ms. Sangeleer read Mr. Salenius' continuance letter dated September 19,2024 into the record. The Board voted to approve the continuance until October 9, 2024 hearings. 137 Summersea Road: Owner, Charles A. Aggouras requests a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to replace an existing carport with an attached garage and second story living space to a pre-existing, nonconforming single-family dwelling on property located in an R3 Zoning District, Map 105, Parcel 64, Mashpee, MA. Sitting on this hearing are Chairman Bonvie,Vice Chair,Ms. Sangeleer,Mr. Reidy,Mr. Caggiano, and Mr. Milbury. Attorney Christopher Kirrane represented the Owner, Mr. Aggouras requesting a Written Finding under §174-17 and §174-33 at 137 Summersea Road. The proposal consists of replacing an existing carport with an attached garage and living space above. The new construction is within the same footprint as the existing carport. This lot is located in the R-3 Zoning District which requires a minimum lot size of 40,000 sq. ft. a minimum frontage of 150 ft., a 40 ft. front yard setback,and 15 ft. side and rear yard setback,20%lot coverage, and a 50 ft. setback from wetlands. The lot is affected by the flood zone and is nonconforming to the lot size. There is 3,292 sq. ft. of upland that is not in the flood zone. The frontage is less than 150 ft. and is nonconforming. The lot coverage exceeds the 20% structural nonconformity at 58.2%, and the setback from wetlands is zero. The percentage of the total lot area is 12,945 sq. ft. the existing lot coverage is 14.8%. However, there is no change in the lot coverage or setbacks. There is no increase in any nonconformities, and will not intensify any existing nonconformities. The project was approved by the Conservation Commission. Mr. Reidy read the Board of Health comments dated September 23, 2024 into the record; "Three bedroom house to remain three bedrooms. " Mr. Reidy read the Conservation Department comments dated September 13,2024 into the record; "Resource Areas:LSCSF&Buffer Zone to Salt Marsh. NOI application was approved with a vote of 3:1 due to carport conversion will have a flood compliant foundation and 883 square feet of mitigation will create better conditions for resource areas. Following conditions were applied to the NOI approval: Three (3) maintenance and monitoring contract with a certified professional for all mitigation plantings." 4