05/14/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 14, 2025 42 Nick Trail: Owners, Paul F. Hanley and Jean J. Hanley 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 Zoning District, Map 117, Parcel 306, Mashpee, MA. Sitting on this hearing are the three regular Board members, Mr. Reidy, and Mr. Ganzenmuller. Attorney Christopher Kirrane represented the homeowners requesting a Special Permit to raze and replace their home. Also present was Mark Dibb with Cape and Islands Engineering. The property is located within the Popponesset Overlay District that requires a minimum lot size of 6,000 sq. ft., minimum frontage of 60 ft., a front yard setback of 25 ft., 15 ft. on the rear and side yard setbacks, lot coverage of 25%, and minimum setback to wetlands of 50 ft. This lot is situated on two roads, and has two front yards and two rear yards which is 25 ft. from both fronts, and 15 ft. from both side yards. There are three nonconformities with this lot. It is totally within LSTCSF, therefore there is no lot area for zoning purposes, it does not meet the criteria from the 50 ft. setback to wetlands, and at 100% lot coverage. There are no other nonconformities. The front yard and rear yard setbacks currently conform. The current lot coverage is 17.9%. The proposal is to add 314 sq. ft. of structure coverage which will increase the lot coverage to 22.7% but is still under 25% requirement. There are no other nonconformities being created. The front yard setback will remain the as it is currently. The proposed new structure will become building code compliant, and flood compliant. There is a proposed IA system being installed and the house will remain at two bedrooms. The project was approved by the Conservation Commission, and this is consistent with other development in the area. Mr. Reidy read the Conservation Department comments dated May 9, 2025 into the record; "Resource Areas: LSCSF. NOI application was approved with a 5:2 vote with the conditions of trees protected during construction, 2:1 mitigation for tree removal, pervious patio, micro clover lawn, and reduction of lawn to 15% of property lot with mitigation in place of reduced lawn areas. With approval the waiver requested for allowing more than 10% lawn was granted due to improvements to water storage capacity, reduction in annual fertilizer, and planting of trees." 6