10/09/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 9, 2024 The Board questioned the height of the structure that was not depicted on the building plan. Chairman Bonvie suggested that the Board continue this hearing, and that the applicant has a discussion with the Building Commissioner regarding his proposal for the use, the height of the proposed structure, and any other concerns. Mr. Reilly asked for a continuance until December 11, 2024. Chairman Bonvie asked for a motion to accept the applicant's request. Mr. Blaisdell, so moved. Ms. Sangeleer second.All were in favor to continue the hearing until December 11, 2024. 26 Pembroke Ave: Owner, Heidi Dalaklis, Trustee of the Heidi M. Dalaklis 2017 Trust requests a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing, nonconforming single-family residential structure and replace it with a new single-family residential structure on property located in an R-3 and Popponesset Overlay Districts, Map 123, Parcel 79, Mashpee, MA. (Received request for continuance letter from Attorney). Attorney Kirrane requested a continuance until December 11, 2024. Chairman Bonvie asked for a motion to continue. Mr. Blaisdell, so moved, Ms. Sangeleer second. All were in favor. 25 Riverside Road: Owners, Karl F. Oliver and Carol A. Oliver, Trustees of the 25 Riverside Road 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 residential structure, and replace it with a new single-family residential structure on property located in an R-3 Zoning District, Map 119, Parcel 82, Mashpee, MA. Sitting on this hearing are the four regular Board members and Mr. Milbury. Attorney Kirrane represented the applicants who are requesting a Special Permit under §174-17.1 and §174-33 to raze and replace the existing dwelling. Also present was the homeowner, Ms. Oliver. The lot is partially in the flood zone,but the existing dwelling is totally in the flood zone. Attorney Kirrane mentioned that this proposal is similar to 29 Riverside Road where there are three structures on this lot,but only one structure being replaced. There will be no ADU proposed. This lot is located in the R-3 Zoning District and requires a minimum lot size of 40,000 sq. ft., minimum frontage of 150 ft., 40 ft. front yard setback, 15 ft. side and rear yard setbacks, 20% lot coverage, and 50 ft. setback from wetlands. There are several nonconforming conditions on this lot. The lot size is nonconforming at 14,202 sq. ft. removing wetlands and flood zone. Everything below the blue line on the site plan depicts the flood zone. Lot coverage is 27.2%which is existing,there is 75 ft. frontage, and the southwest side yard setback is 3.6 ft. and is also nonconforming. The structure and lot coverage will reduce from 27.2% to 25.9% lot coverage, which is 183 sq. ft. of structure coverage. The northeast side yard setback of 3.6 ft. is improving to 8 ft. The proposal includes a building code compliant structure, a new IA Septic System, and there will be drywells installed. This project was approved by the Conservation Commission. There are no new nonconformities being created. 8