12/11/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES DECEMBER 11, 2024 MASHPEE ZONING BOARD OF APPEALS The lot is located in the R-3 Zoning District on Monomoscoy Island. The dimensional requirements in the R-3 Zoning District are 40,000 sq. ft. lot area, 150 ft. of frontage, 40 ft. setback from the front lot line, and 15 ft. setback from the sides and rear lot lines. The lot size is only 4,000 sq. ft., and is allowed 25% lot coverage as indicated under Section 174-31 fn. 16. The lot is totally in the AE flood zone which has zero square feet of lot area and is a nonconforming condition. The northwesterly side yard setback is 11.1 ft. where 15. ft. is required, the southeasterly side yard setback is 9.8 ft., where 15 ft. is required, the front yard setback is 35.4 ft. where 40 is required, and the rear yard setback is 13.6 ft. where 15 ft. is required, and 40 ft. of frontage where 150 ft. The new project will improve on three of the setbacks, and will eliminate the front setback. Although minimal, the northwesterly side yard will improve from 11.1 ft. to 11.2 ft., the southeasterly side yard will improve from 9.8 ft. to 9.9 ft., and the rear yard setback will improve from 13.6 ft. to 13.7 ft., and the front will be eliminated from 35.4 ft. and will conform at 44.3 ft. eliminating that nonconformity. The lot coverage is increasing from 19.2% to 19.8% which is a 29 sq. ft. increase of the structure due to the stairs which are included in lot coverage. The current home is not building code compliant or flood zone compliant. The new home will become building and flood zone compliant. The project was approved by the Conservation Commission, and will have a new IA septic system installed. There is no lawn proposed. The height of the proposed building is 24.3 ft. which is under the 35 ft. requirement. Attorney Kirrane provided the Board with photos of other properties in the neighborhood and he believes that the proposed dwelling will be consistent with neighboring structures. There were concerns regarding the garage door, and the photos depicted similar size garage doors. He doesn't believe that this project is detrimental to the neighborhood, and there are no new nonconformities being created. Mr. Reidy read the Board of Health comments dated December 6, 2024 into the record; "Septic Designed for 2 bedroom with I/A Technology, house is only 1 bedroom. No problems with Health Department." Mr. Reidy read the Conservation Department comments dated December 2, 2024 into the record; "Resource Areas: Land Subject to Coastal Storm Flowage (LSCSF) - NOI application received approval with a unanimous vote due to IA septic install and mitigation plantings on a lot were no natural vegetation currently exist. The following conditions were applied to the approval: 2