08/13/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 13, 2025 S. Any changes to the plans will require the applicant to return to this Board. 6. Conditioned that the applicant seek and obtain the Building Department review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior to the application of a building permit. 7. The Board finds under §174-17 that the proposed project is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood. Ms. Sangeleer second. All were in favor to issue a Written Finding. 291 Monomoscoy Road: Owner, Jacques N. Morin, Trustee, 291 Monomoscoy Realty Trust is Appealing the Building Commissioner's Determination under M.G.L. Chapter 40A §8 and §15. Applicant is aggrieved by the Building Commissioner's letter dated June 9, 2025 that the proposal to develop a single- family dwelling on property at 291 Monomoscoy Road requires variances from structure lot coverage (§174-31 fn. 16), and setback to wetlands (§174-33) located in an R3 Zoning District, Map 120, Parcel 94, Mashpee, MA. Attorney Brian Wall represented the appellant/petitioner Jacques Morin for his property located at 291 Monomoscoy Road. Mr. Morin and his wife were in the audience. The property consists of 5,001 sq. ft. and has 320.46 ft. of frontage, and meets the minimum requirements under the State statute of having 5,000 ft. or 50 ft. frontage and has protection under Section 40A Section 6. Attorney Wall said his clients would like to construct a single family dwelling on the property. They own the property right next door, but does not touch the lot. The letter he submitted explains that the property has been in separate ownership since prior to the adoption of zoning. Mr. Morris reviewed the situation and he determined that in order to proceed, he could not issue a building permit because the property requires a Variance from structure lot coverage under Section 174-31 footnote 16, and also a Variance from the setback to wetlands under Section 174-33. Attorney Wall explained that under Chapter 40 A Section 6, sometimes called the grandfathering statute, has language that says a lot that's held in separate ownership that's is protected from increases in area, frontage, width, yard, or depth. His contention is that structure lot coverage is essentially one of those indices. It does not say area, frontage, width, yard or depth. His argument is an "area" requirement as described under the heading Land Space Requirements of Section 174-31. The section states that when calculating lot area and lot coverage, the property owner must exclude from the area calculation. Any and all wetlands defined by the wetlands protection act. 7