12/11/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Biria D. St. John and Elaina C. St. John, Trustees of the Biria D. St. John Trust under Declaration of Trust 17 Monomoscoy Road West,Map 114, Parcel 20 Mashpee, MA 02649 SP-2024-63 At the last meeting on December 11, 2024,the Board had concerns with the narrow shape of the road,and requested comments from the Fire Chief regarding emergency access.Attorney Kirrane reached out to the Fire Chief. Consequently,Attorney Kirrane,Mr. Borselli,the homeowner,and Building Commissioner met with the Fire Chief at the site. Attorney Kirrane provided a revised site plan that depicts the measurements required under the bylaw §174-32 Fire Protection. The measurement was made from the furthest point of the structure to the access, and measured 150 ft., and at the 150 ft. point has a width of 16 ft., and does comply. This property is located totally within the flood zone;therefore, it has zero sq. ft. of lot area which is a nonconforming condition. The total lot area consist of 18,675 sq. ft. Lot coverage is 100% because it is within the flood zone. The other nonconformity is the front yard setback of 3.2 ft. The total lot area will be increasing from 8.3%to 17.5%which is still under the 20%requirement using the "old method" of calculating lot coverage before the elimination of LSTCSF in the formula. The Board has been using both methods for pre-existing, nonconforming lots as to be fair and consistent to pre-existing, nonconforming homeowners and the decision of the courts. The new home will be building code compliant and flood zone compliant. This project was approved by the Conservation Commission. A new IA septic system is being proposed. This project is not creating any new nonconformities. The height of the new dwelling is 32.5 ft. Attorney Kirrane stated that this project is similar to other projects that the Board has approved in the past, and is not substantially more detrimental to other dwellings in the neighborhood. GENERAL FINDINGS The subject property located at 17 Monomoscoy Road West contains 18,675 sq. ft. of land. The subject property located at 20 Monomoscoy Road West is a vacant lot and is owned by the St. John's. The subject lots are located within the R-3 Zoning District and have the following minimal dimensional requirements: Minimum Lot Size—40,000 square feet Minimum Frontage— 150 feet Minimum Front Yard Setback—40 feet Minimum Side and Rear Yard Setbacks— 15 feet A letter dated December 3, 2024 was submitted from an abutter Diane Dineen, at 7 Pine Ridge Road was read into the record and supports the project. 2