08/09/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 9, 2023 The lot itself meets the requirements in the Popponesset Overlay District. It has over 6,000 sq. ft. of lot size area, and has 75 ft. of frontage, and is a conforming lot. The unique contour of this lot is that it also fronts on Seaview Avenue. According to the Town bylaws it needs to meet the frontage requirements on both Seaview Ave and Overlook Knoll Road. The only pre-existing non- conformity is the front yard setback to Seaview Ave. which is 13.1 ft. There will be an IA septic system installed, and there are no new non-conformities being created. The lot is completely conforming, and the front yard setback to Seaview will become a conforming condition. The calculations were configured based on the neighboring property at 17 Overlook Knoll that is 15.5 ft. from Seaview, and the property at 21 Overlook Knoll Road is currently in the process of being built. The engineer treated this as a vacant lot because it is not completed, and there is no setback but is considered 25 ft. In this particular case the average setback is 20.25 ft., and is a conforming condition. The average proposed setback was calculated at 19 ft. The lot coverage is slightly decreasing from 24.5% to 24.2% and is still under the allowed 25%. The new structure will be building code compliant, and is consistent with what has been approved by the Board in the past in the neighborhood. Mr. Reidy read the Board of Health Agent comments dated July 28, 2023 into the record; "To be 3 bedroom, septic is under review in health department. "Attic Room to not be used for human habitation/sleeping roam. The Conservation Department comments dated July 31, 2023, "Property is not within wetlands jurisdiction. " Mr. Furbush questioned the Board of Health comments regarding the attic space. He also wanted to know how many stories. Mr. Morris said that the house conforms to a half story, its two and a half stories. The house is about 6 inches below the allowed 30 ft.Mr. Morris will ask for certification of the building height. The roof deck does not have a size limit. The widow's walk has to be 100 sq. ft. Attorney Kirrane said that the height of the house is 29.7 and 5/8. Chairman Bonvie polled the Board. There were no more questions from the Board. Mr. Robert Orsi, 22 Uncle Edwards Road is the director of the Popponesset Beach Association. There were no objections to the construction of the house, but he had two concerns he would like the Attorney to discuss with his client and with the Association. The Overlook Knoll neighborhood is a separate Association from Popponesset. Mr. Orsi said that several construction vehicles tend to park on Seaview Avenue which is an extremely narrow street, and the residences could not get in and out of their homes.After having conversations with the contractors,most of the construction vehicles stayed off Seaview, and the contractors did comply with their requests. The second concern is the drive way that connects with Seaview. He would like to have a conversation with the applicant to discuss the project, and work with the neighbors. 8