03/25/2026 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APEALS MARCH 25, 2026 This property is in the Popponesset Overlay District and requires the following setbacks (Minimum lot size is six thousand (6,000 sq. ft.), minimum frontage sixty (60') ft., minimum building setbacks 25 ft. front, 15 ft. rear, 15 ft., side and maximum lot coverage twenty-five (25%) percent, and 50 ft. setbacks from wetlands). The property is totally within the flood zone there is 100% lot coverage and zero square feet of lot area. This cannot meet the 50% setback to wetlands. The front yard setback is currently nonconforming at 11 ft. The side yard to the north is nonconforming at 2.2 ft. and the side yard to the south is nonconforming at 1.4 ft. Attorney Kirrane addressed the questions raised by the Board and the neighbor at the last meeting on . There were two subsequent changes made to the site plan. First, there were the dimensions of the parking and the ability to allow two vehicles on site as required under the bylaw for residential homes. To remedy this, the house was moved 5 ft. toward the back and is not encroaching on the rear yard setback and is incompliance. The parking dimensions were revised at 20 ft. in depth and 18 ft. for the width, which is required under the bylaw, and is depicted on a sketch plan provided by the engineer. The second revision was that the house design dimension was reduced by a foot to accommodate the neighbor that raised concerns. This increased the separation between the two houses by one foot and further reduced the lot coverage by structures. The percentage of total lot area is 50.3%. The first proposal was reduced to 48.4% and then reduced even further to 46%, which is a total reduction of 97 sq. ft., reduced to 54 sq. ft. from the original plan. These changes were addressed to accommodate the neighbor's concerns. The improvements made to the plans were the front and both side yard setbacks. There will be a new IA septic system installed, the house will be built on piers and will be flood zone compliant even though it is not required in the AE zone. Flood prevention is greater than what is required. The overall coverage is reduced. The storm water management and calculations were improved and submitted to the Board and will be building code compliant. The Board has approved other raze and replaced homes in the neighborhood within the last year. Mr. Bonvie asked if there are any new nonconformities being created, and if there are any expansions of the existing nonconformity. Attorney Kirrane said no new nonconformities, and yes, the new house will be larger but not increasing any setbacks that currently exist because those are improving. There may be more structure within the setbacks. There are no expansions of any setbacks within the existing dimensions; for example; the side setback requirement is 15 ft., and the current setback is 14 but not further reducing the setback to 13 ft. Attorney Kirrane concurred as required under Section 174-17.1 of the Zoning Bylaws. 10