10/08/2025 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES ZONING BOARD OF APPEALS WEDNESDAY, OCTOBER 8, 2025 5. Any changes to the plan will require the applicant to return to this Board including any structural changes required by the structural engineer, and/or changes to the original footprint. 6. The Board finds that the lot coverage is at the maximum allowed percentage. Any changes to the footprint that would increase the lot coverage will require the applicant to return to this Board for approval. 11. The Building Commissioner will require a stamped signed letter from a structural engineer of the existing foundation after the demolition of the home, and before starting the new construction. 12. Conditioned that the applicant seek and obtain the Planning Department review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior to the application of a building permit. 13. The Board finds under §174-17.1 and §174-33 that the proposed project as submitted is not substantially more detrimental to the neighborhood than the existing conditions prior to removal of the existing structure, and that there is adequate land area on the subject lot to provide sufficient parking, and there are no new nonconformities being created. 89 Bluff Avenue: Owners, John and Kirsten DeSanto 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 residential structure on property located in the R3 and Popponesset Overlay Zoning Districts, Map 118, Parcel 58, Mashpee, MA. Mr. Bonvie informed Attorney Kirrane that there are only four Board members sitting on this hearing. Attorney Kirrane agreed to move forward with the hearing. Attorney Kirrane represented the homeowners for the raze and replace project. Also present was Tim Luff, with Archi-Tech Design. The Board is well aware of the dimensional requirements for the Popponesset Overlay District are; 6,000 sq. ft. of lot area, 60 ft. of frontage, 25 ft. front yard setback, 15 ft. for side and rear yard setbacks, 25% lot coverage, and 50 ft. setback to wetlands. The lot is 100% within the flood zone, and there are five nonconformities. There is zero square feet of lot area because of the flood zone, the upland lot area is 7,653 sq. ft., but because the lot is totally in the flood zone it will not meet the 50 ft. setback to wetlands. There are also two side yard setback nonconformities; one side yard setback is currently 9.8 ft. where 15 ft. is required, and the other is 12 ft. where 15 ft. is required. 8