10/09/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner,Martin J. Reilly 15 Childs Road, Map 114, Parcel 93, Mashpee, MA 02649 SP-2024-54 At the last meeting, there were concerns raised by the Building Commissioner and the Board regarding the initial proposal. Mr. Morris believed that the applicant's intentions was to build a garage to store his boat, and construct a one bedroom accessory apartment above the garage that will become rental property which is not allowed under the zoning bylaw§174-25 I(1).The Board agreed with the Building Commissioner.There were also concerns raised by the abutters regarding the height of the proposed garage and dwelling, and the location of the egress stairway being obtrusive to the direct abutter. Attorney Kirrane stated the reasons he believes the Board can approve this raze and replace project. The site plan and building plans were revised depicting the egress stairway moved to the opposite side of the house as requested by the abutter, the height of the garage was lowered to 10 ft., and the proposed height of the building will be 24.3 ft. which is under the 35 ft. requirement. The proposed new home will be building code and flood zone compliant, it was approved by the Conservation Commission with substantial mitigation and restoration conditions, and a new IA septic system will be installed. The lot itself 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,andl5 ft. setback from the sides and rear lot lines. The actual square footage of the lot is 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 abutter letters from 231 Monomoscoy Road, 11 Childs Road, and 221 Monomoscoy Road were read into the record. They raised concerns regarding the size of the proposed structure on a small lot. Chairman Bonvie polled the members and Mr. Morris for questions/comments. 2