01/14/2026 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 14, 2026 The plan depicted the partially impacted flood zone area, and the engineers noted the frontage is non-conforming at 100 ft. The lot fronts both Mashpee Neck Road and Captains Row which requires the proposed dwelling to meet the 40-foot setback. However, the average of the two houses on Captain's Row are 24 ft. The front yard setback to Mashpee Neck Road is non- conforming at 13.9 ft and the setback to wetlands is zero because the existing structure is basically situated on the flood zone line. Attorney Kirrane provides photos of the existing structure that is in disrepair. The new structure will be building code compliant.The lot coverage will increase from 15.3%to 24.9%. That equates to about an 814 square foot increase in coverage. But 25% is allowed because the lot is under 10,000 square ft. The setback from Mashpee Neck Road is currently 13.9 ft. and will be moved significantly further from the flood zone to 34.7 ft. towards Captains Row. The setback to the wetland is increasing approximately 14 ft. There are dry wells for storm water management being proposed where there are none now. Mark Dibb, with Cape and Islands Engineering who designed the plan indicated, "It is designed for the 25-year storm. The width of the paved driveway on Mashpee Neck Road will be reduced and will have drywells and a catch basin installed and will significantly improve the existing condition that had no storm water management. The project was approved by Conservation Commission with significant mitigation and restoration conditions. The proposed project under the zoning bylaws is consistent with the neighborhood. There are no new non-conformities being created. The proposed plan depicts sufficient parking situated from Captains Row, and from Mashpee Neck Road. The Board can consider that this project is not substantially more detrimental to the neighborhood. Generally, the Board of Health will require a new IA septic system to be installed, however, the Health Agent noted that the proposed house is scheduled to be connected to the new sewer system in the next phase. The Conservation Department comments dated January 9, 2026, were read into the record; "Resource Areas: LSCSF, buffer zone to Salt Marsh, and buffer zone to Coastal Bank. NO] application was approved with a unanimous vote from the Commission due to multiple plan revisions that ultimately moved the proposed house construction outside of the flood zone and conditioning engineered report submitted to the department once construction is complete. The Commission's overall concern was about the current septic being utilized until the sewer connection is available. The engineers report will outline if septic use prior to sewer hookup is needed any possible timeline as well for how long the existing septic will be used prior to sewer hookup. " 8