10/08/2025 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES ZONING BOARD OF APPEALS WEDNESDAY, OCTOBER 8, 2025 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments. 5. Any changes to the plans will require the applicant to return to this Board. 6. 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. 7. 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. Mr. Caggiano second. All were in favor. 19 Uncle Henrv's Road: Owner, Monica B. Miller, Trustee of the Monica B. Miller Revocable Trust Agreement of November 4, 2019 requests a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of an addition to the rear of the existing structure, and reconstruction of an existing deck on property located in the R3 and Popponesset Overlay Districts, Map 117, Parcel 281, Mashpee, MA. Sitting on this hearing are Mr. Bonvie, Mr. Furbush, Mr. Caggiano, and Mr. Morizio. Attorney Christopher Kirrane represented the homeowner for the Written Finding request to allow for additions to the existing dwelling. Also present was Tim Luff, with Archi-Tech Design. This single-family dwelling is located within the Popponesset Overlay District. 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. This lot is almost entirely within the flood zone; all but 31 sq. ft. There is 100% lot coverage and cannot meet the 50 ft. setback to wetlands. There is one other dimensional nonconformity; one side yard setback is currently 12.2 ft. where 15 ft. is required. All other setbacks are conforming. The project involves reconstructing an open area to include a deck area to add living space, and reconstruct the garage to include additional living space. The one nonconformity is not being affected and will not intensify the setbacks. The garage will still comply because it remains at 15 ft. from the front yard setback. The total lot area is currently 18.6%, and will increase to 24.87%, going from 22.34 sq. ft. to 29.84 sq. ft. and is under the 25%requirement lot area. The new addition will be building code compliant and flood zone compliant. There is an IA system being proposed for this project. The project was approved by the Conservation Commission. The Board can find that this project will not be substantially more detrimental than what currently exists. 10