10/08/2025 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES ZONING BOARD OF APPEALS WEDNESDAY, OCTOBER 8, 2025 Attorney Christopher Kirrane represented the homeowner who was also present. This is a raze and replace project with the original foundation to remain. The single-family home is located on Monomoscoy Island in the R-3 Zoning District. The dimensional requirements in the R-3 Zoning District are; lot size at 40,000 sq. ft., frontage is 150 ft., front yard setback is 40 ft., side and rear yard setbacks are 15 ft., and 20% lot coverage, and building height is 35 ft. The setback from wetlands is 50 ft. This property is located within Land Subject to Coastal Storm Flowage, and therefore is totally 100% in the flood zone. There are several nonconformities; the lot area is zero even though the lot is 9,320 sq. ft. of upland but because of the flood zone it is considered to have zero square feet. The front yard setback is nonconforming at 19.9 ft. where 40 ft. is required. There is a 290 sq. ft. shed that is setback 2.6 ft. from the rear yard setback, and 2.4 ft. on the side yard setback are nonconforming on the existing conditions plan.As a percentage of the total lot area,there is currently 30%existing. The proposed total lot area is slightly decreasing to 29.3% by removing the shed and will improve the side and rear yard setbacks. The house will be building code compliant. The project was approved by the Conservation Commission. There is an existing IA septic system. There will be two drywells installed on the rear of the property. There are no new nonconformities being created. Attorney Kirrane suggested that the proposed project will not be substantially more detrimental to the neighborhood. Mr. Goldstein read the Conservation Department comments dated September 23, 2025 into the record . "Resource Areas: Buffer zone to Coastal Bank, buffer zone to Salt Marsh, buffer zone to Coastal Beach, and LSCSF. NOI application was approved unanimously due to improvements to the site through drywell installation, mitigation plantings, and reusing of existing foundation that will reduce disturbance to the resource areas and allow demolition to occur from rear of dwelling. A coastal bank stability report was requested by the Commission and submitted by Sea Grant - Woods Hole Oceanographic Institution due to concerns over stability of the coastal bank during construction. The report represented the load bearing capacity of'the bank to be appropriate during construction and for the increase in the proposed house. Mr. Caggiano read the Board of Health comments dated October 8, 2025 into the record "Plans show 3 bedroom, septic design for 3 bedroom must be submitted to Health Department for official review before building permit is issued. For Zoning, BOH has no issues. House is in Zone Hand cannot add more than the existing 3 bedrooms (no door on "Workout"room). " Mr. Furbush wants to confirm that the lot coverage will not increase in the future. The Board had a discussion and will add a condition to the motion. The lot coverage in this area is 25%because the lot is under 10,000 sq. ft. 6