08/14/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, John J. Mizzi and Christine Mizzi 54 Kim Path, Map 117 Parcel 96 Mashpee, MA 02649 SP-2024-42 The existing structure coverage is 7,125 sq. ft. and is currently 20.8% lot structure coverage. The structure coverage will increase to 287 sq. ft., and the percentage increase will be 24.83% which is still under the 25% requirement. The southwest side yard will improve from 13.4 ft. to 14.5 ft. There are no other nonconformities being created. At the continued meeting, the Board received the revised storm water report, and site plan. There was concern that storm water would impact the mounted breakout wall in the rear of the property and flow into other properties and create flood issues. There was some discussion regarding topography. The design team decided to re-evaluate the issues and add additional drainage for storm water capacity. This resulted in the team adding six new catch basins in the rear of the property,and adding an additional 125 gallon leaching chamber. This will capture water that flows onsite. Attorney Kirrane believes that this addressed the Board's concern regarding storm water management and will prevent any water flow issues. SPECIAL PERMIT FINDINGS The Board of Health comments dated August 9, 2024 were read into the record; "Septic submitted to zoning shows upgrade of septic with IM technology. 3 bedroom. Doors cannot be put on "Loft". Septic plan must be submitted to Health Department Permiteyes,for official review, when Building permit is pulled." The Conservation Department comments dated August 12, 2024 were read into the record; "Resource Areas: LSCSF & buffer zone to Coastal Dune. NOI application was approved unanimously due to improvements to the property through an IA septic upgrade, improved water storage capacity, and mitigation plantings with conditions of a one year mitigation and monitoring contract with a qualified professional and all lawns must be composed of a native clover mix. " There were four abutter letters read into the record, and two abutters present that were in favor of the project. The subject property located at 54 Kim Path contains a total of 7,125 square feet of land. The subject lot is located within the Popponesset Overlay District and has the following minimum dimensional requirements: Minimum Lot Size—6, 000 sq. ft. Minimum Frontage—60 ft. Minimum Front Yard Setback—25 ft. Minimum side and Rear Yard Setbacks— 15 ft. 2