02/12/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 12, 2025 Ms. Sangeleer, second, yes, Mr. Furbush, yes, Mr. Milbury, yes, Mr. Goldstein, yes, Mr. Bonvie, yes. All were in favor to issue a Written Finding. 50 Kim Path: Owner, Beth A. McGinnis, Trustee of The Beth McGinnis Family Trust requests a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace an existing single family residential structure on property located in the R-3 and Popponesset Overlay Districts, Map 117, Parcel 95, Mashpee, MA. Sitting on this hearing are Chairman Bonvie, Ms. Sangeleer, Mr. Furbush, and Mr. Milbury. Attorney Kirrane agreed to move forward with this hearing, and under the "Mullen" rule, if a Board member is absent he/she can review the hearing minutes and is allowed to vote if Attorney Kirrane asks for a continuance. Attorney Kirrane represented the homeowner requesting a Special Permit for a raze and replace. Also present is Mark Dibb with Cape 8v Island Engineering. This house is located in the Popponesset Overlay District and requires 6,000 sq. ft. of lot area, 60 ft. of frontage, 25 ft. from the front yard setback, 15 ft. on the side and rear setbacks, 25%lot coverage, and 50 ft. setback from wetlands. There are four existing nonconformities on this lot. The first is there is zero sq. ft. of lot area because it is wholly located within the flood zone, and is actually has 7,125 sq. ft. of total lot area. It cannot meet the 50 ft. setback to wetlands, there 100% lot coverage. The existing structure is nonconforming as it fails to meet the southwesterly side yard setback at 9.3 ft. existing where 15 ft. is required. The total percent lot coverage is increasing from 22.3% to 24.6%. The structure coverage is increasing by approximately 165 sq. ft., and under the old calculation method would be under 25%. It will be flood zone and building code compliant, and there is a new IA system proposed. This project was approved by the Conservation Commission. There are no new nonconformities being created. There is one side yard improvement measuring from 9.3 ft. to 10 ft. This project is consistent with the neighborhood, and the Board has approved the project at 54 Kim Path which was larger with a 287 sq. ft. increase, and is 24.83%, and is similar to this project. Mr. Dibb is available if the Board has any questions regarding drainage or the infiltration system. 9