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

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 12, 2025 This property is located on Seconsett Island in the R-3 Zoning District which has a minimum lot size of 40,000 sq. ft., minimum frontage of 150 ft., 40 ft. from the front setback. In this particular case,the average of the two adjacent properties the front yard setback is 17.9 ft. The Zoning Bylaw under §174-31 fn. 6 refers to the adjacent properties. The rear and side yard setbacks require 15 ft., and because this lot is only 7,654 sq. ft., and this lot is under 10,000 sq. ft. which allows a maximum lot coverage of 25% as opposed to the R-3 requirement at 20% lot coverage. The only nonconformity on this lot is the size at 7,654 sq. ft. The front yard setback is conforming at the average of the two adjoining properties, the side and rear yard setbacks are compliant, and the current lot coverage is compliant at 14.4%. The proposed dwelling will be building code compliant. A new IA System will be installed as part of this project. The lot coverage will increase from 14.4% to 23.5% which is less than the maximum allowed for this size lot. A small portion of the lot is within Conservation jurisdiction that will require some mitigation. There are no new nonconformities being created or intensifying any existing conformities. The existing structure fronts both Bayview Road at 27.4 ft. setback and will not change, and the front setback on Seconsett Island Road is 21.4 ft. The proposed setback will be closer at 25.8 ft. to Bayview Road,but the average setback with the adjacent lots is 17.9 ft. which is allowed under the bylaw. Attorney Kirrane stated that this new dwelling will be building code compliant, it will have sufficient parking as required, and is not substantially more detrimental than what currently exists. Mr. Furbush questioned the average setbacks because the lot is situated on a corner. Attorney Kirrane commented that the bylaw does not specify the average on the same street. Mr. Morris agreed that the average is 17.9 ft. Mr. Reidy read the Board of Health comments dated November 11, 2025 into the record; "New septic fbr 4 bedroom,floor plans show 4 bedroom." Mr. Reidy read the Conservation Department comments dated November 12,2025 into the record; "Resource Areas: Buffer zone to Coastal Bank. NOI application was approved with a unanimous vote from the commission due to IA septic install and mitigation plantings are an improvement to resource area buffer zone present. Condition of submission of a one year mitigation monitoring contract with a certified professional. " The Board had a discussion regarding the bylaw Section 174-31 footnote 6(average setbacks from the front), and how it is interpreted. Mr. Morris agrees with Attorney Kirrane's interpretation. Mr. Furbush did not agree. There were no more comments from the Board or audience. 6