11/12/2025 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 12, 2025 42 Seconsett Island Road: Owners,Peter B. and Marianne S.Frongillo request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of a detached garage with an Accessory Dwelling Unit (ADU) above on property located in an R-3 Zoning District, Map 119, Parcel 30, Mashpee, MA. Sitting on this hearing are the three regular Board members, and Associate Members, Mr. Reidy and Mr. Morizio. Attorney Christopher Kirrane represented the homeowners requesting a Written Finding under Sections 174-17 and 174-33. The homeowners were also present. The project consists of constructing a new garage with an ADU above. This lot is located within the R-3 Zoning District on Seconsett Island, and adjacent to 2 Bayview Road. The property consists of a single-family dwelling, with two sheds located in the rear of the property. The existing shed that is located 6.5 ft. from the rear property line and is 125 sq. ft. and is a nonconforming condition. The house itself is half within the flood zone that bisects the house and is a nonconforming condition setback from the wetlands. The proposed garage with the ADU is outside the flood zone. There is an IA system being proposed. The front yard setback is nonconforming to the house, and the side yard of the proposed structure is 15 ft., and is well within the 40 ft. requirement. The proposed structure will comply with the front yard and side yard setback. The rear yard setback will improve by removing the shed that is currently 6.5 ft., to a 9 ft. setback. This project was approved by the Conservation Commission with mitigation. The rear yard setback is nonconforming, the setback to wetlands is nonconforming. The front yard setback is nonconforming, but the new structure will comply and the lot area due to the flood zone consists 6,307 sq. ft. The total lot area is 13,862 sq. ft. The lot coverage with the impact from the flood zone is 34% existing. The 15,862 sq. ft. lot, the structure coverage is only 14.6% which is conforming. The ADU will consists of an 819 sq. ft. garage. The height will be 24.3 ft. and is under the 35 ft. requirement. There will be dry wells installed, and there will be a new IA system installed. This project is consistent with other development in the neighborhood. Attorney Kirrane stated that the expansion of the nonconformity is lot coverage; nothing else. Mr. Reidy read the Board of Health comments dated November 10, 2025 into the record; "Septic design for 4 bedroom,plan shows 4`h bedroom in ADU." Mr. Reidy read the Conservation Department comments dated November 11,2025 into the record; "Resource Areas: Buffer zone to Salt Marsh, buffer zone to Coastal Bank, and LSCSF AE (12) & AE (11). NOI application was approved with a 3:1 vote by the Commission due to upgrading to IA septic system, removal of lawn for mitigation, and drywell installation for roof runoff is an improvement to the resource areas." 10