03/26/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 26, 2025 Mr. Bonvie would like a vote that Town Counsel works with Attorney Kirrane in reference to issues in the finding and allowance of the review of the Variances which is the hardship and uniqueness of the lot, and make a recommendation to the Board whether there is a hardship and uniqueness because the other aspects are met. Mr. Millbury commented that he would like to see this be approved but stay within the rules. Mr. Bonvie doesn't believe he has enough knowledge with this magnitude of an issue. Mr. Reidy made a motion that the Board of Appeals refer this matter relative to, 1): whether the property meets the criteria for a Variance because of its unique conditions, and, 2): whether there is or there is not a substantial or financial hardship, and that Town Counsel discuss with Counsel for the Petitioners and report back to the Zoning Board of Appeals. Mr. Furbush second. All were in favor. 23 Wilsons Grove: Owners, Gary M. and Susan R. Gilberti, Trustees of the GSG Nominee Trust of 2017 request a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace an existing single family residential structure with a new single family structure on property located in the Popponesset Overly District and R-3 District, Map 118, Parcel 94, Mashpee, MA. (Continued from 3112125 hearings at the request of the Attorney). Sitting on this hearing are the four regular Board members and Mr. Milbury. Attorney Christopher Kirrane represented the homeowners for a request to raze and replace of their single-family dwelling. Also present was Brian Foley, with Clancy Construction. The lot is located in the Popponesset Overlay District that requires a minimum of 6,000 sq. ft. of lot coverage, 60 ft. of frontage, 25 ft. from the front setback, 15 ft. setback from the side and rear lot lines, 25% lot coverage, a maximum height requirement of 30 ft., and 50 ft. setback from wetlands. The lot is totally within the flood zone which has zero square feet of lot area. The existing lot consists of 3,374 sq. ft. of land area, but because it is within land subject to coastal storm flowage it has 100% lot coverage. Under the old dimensional requirement, the existing lot coverage is 36%, and the plans were revised to reflect the proposed lot coverage as the same at 36%. There are several nonconformities that currently exist. There is an existing deck in the rear of the lot that is.6 inches from the property line. There is also a shed that is less than 15 ft. from the property line; both structures will be removed. The front yard setback is improving from 7.0 ft. to 12.8 ft. The existing westerly side yard setback is 5.5 ft. is increasing slightly to 4.6 ft. 3