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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> MAY 14, 2025 <br /> 15 Fiddler Crab Place: Owner, Marianne Bachynski requests a Written Finding <br /> under §174-17 and §174-33 (within 50 ft. of a wetland resource area) of the <br /> Zoning Bylaws to raze and replace a single family dwelling on property located <br /> in the New Seabury Special Permit Area, and the R-3 Zoning District, Map 105, <br /> Parcel 126, Mashpee, MA. <br /> Sitting on this hearing are the four regular Board members and Mr. Reidy. <br /> Attorney Christopher Kirrane presented the Written Finding application for a <br /> raze and replace that is located under the New Seabury Special Permit area. Also <br /> present was Mark Dibb with Cape and Islands Engineering. This proposed new <br /> dwelling requires a finding from the 50 ft. setback from wetlands under Section <br /> 174-33, but it is not in a flood zone. <br /> It is a raze and replace and the new house will be moved slightly away from the <br /> flood zone area, and will comply with R-3 setback requirements even though it <br /> is located under the existing NSSP. There are drywells being installed, and a new <br /> IA system is proposed. There are no new nonconformities being created, and will <br /> not be substantially more detrimental to the neighborhood. <br /> Mr. Reidy read the Board of Health and Conservation Department comments into <br /> the record. <br /> Ms. Sangeleer wanted to know if this house was in a flood zone. Attorney Kirrane <br /> said no, it is not in a flood zone it just requires to be setback 50 ft. from the flood <br /> zone line. <br /> Mr. Bonvie asked if Conservation regulation have changed from 150 ft. of a flood <br /> zone. Mr. Dibb said that if you are not absolutely touching one square inch of <br /> flood zone, then the 150 ft. does not apply. <br /> Mr. Bonvie asked isn't the flood zone considered a resource area? Mr. Dibb said <br /> yes. Mr. Bonvie wanted to confirm that the only reason for this Finding <br /> application is for the 50 ft. setback from wetlands. <br /> Mr. Furbush said this is already in the Special Permit area. <br /> Attorney Kirrane said yes; the setback is currently 29.5 ft. and will be improving <br /> the nonconformity slightly better at 30.4 ft. <br /> Mr. Morris said that a Written Finding from wetlands is the appropriate <br /> application for this project. <br /> 9 <br />