09/25/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Matthew David Hudson and Carol Marie Hudson 75 Popponesset Island Road, Map 106, Parcel 8 Mashpee, MA 02649 FINDING-2024-52 There are four nonconformities that exist on this property. The lot size is 14,603 sq. ft., and is partially in the flood zone with 2,649 sq. ft. of lot structure coverage. The existing property fronts both Popponesset Island Road,and Taffrail Way which is nonconforming because it does not meet the 40 ft. setback. There is a setback of 22.1 ft. from Taffrail Way, and 22.2 ft. from Popponesset Island Road. There is a rear yard setback nonconformity from Taffrail Way at 11.8 ft. The lot coverage nonconformity is 91.6% due to the impact of the flood zone, and the setback from wetlands is zero. The total lot percentage structure coverage is currently 16.6%,and increase to 18.1%.The stairway is conforming to the rear yard setback from Taffrail Way, and Popponesset Island Road. There is no intensification of any nonconformities except for lot coverage but is still below the 20% requirement. The proposed screened porch will be 34 ft. from Taffrail Way where the house is currently 22.1 ft. which is pre-existing, nonconforming. The project was approved by the Conservation Commission. There is a leaching chamber for any water runoff.There are no new nonconformities being created. The additions are minor that consist of a stairway, and a screened in porch and deck. GENERAL FINDINGS The subject property located at 75 Popponesset Island Road contains 14,603 square feet of land. There were no abutters present. The Board of Health comments dated September 23,2024 were read into the record; "Screened in Porch only. No increase in bedrooms, house to remain 3 bedroom. " The Board of Health comments dated September 13, 2024 were read into the record; "Resource Areas: Buffer Zone to Coastal Bank&LSCSF. NOI application was approved with a unanimous vote due to 1,227 square feet of mitigation plantings and 1,743 square feet of restoration plantings for a total of 2,970 square feet of new plantings. All new plantings will enhance the values of all resource areas/buffer zones onsite. Following conditions were applied to the NOI approval: Three (3) maintenance and monitoring contract with a certified professional for all mitigation and restoration plantings. " Mr. Dibb explained that both decks will be screen enclosed. The new covered porch will prevent water runoff damage, and the mitigation conditions will benefit the new homeowners. Attorney Kirrane said that the elevated deck will extend out, and the lower deck will be screened. 2