04/08/2026 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 8, 2026 Attorney Christopher Kirrane presented the Written Finding application for the 30 Captains Row. The project involves alterations to a pre-existing non- conforming structure. It's a unique lot shaped like an island surrounded by Mashpee Neck Road, Captains Row, and an undeveloped roadway. There are no side or rear yard setbacks; there are front yard setback calculations. This lot is located in the R-3 Zoning District that requires 40,000 sq. ft. minimum lot are, 150 ft. of frontage, 40 ft. maximum front yard setback, 15 ft. minimum side and rear setbacks, 20% lot coverage, and building height of 35 ft. The lot itself is non-conforming at 18,122 sq. ft. There are no impacts from wetland resource areas or flood zones. There are two front yard non-conforming conditions from Mashpee Neck Road at 15.3 ft. and non-conforming from the unobstructed way from the existing shed that is 23.8 ft. The existing lot coverage is 8.3%, and the proposed lot coverage is 14.2% and under the 20% maximum lot coverage. The proposal consists of some additions to the existing structure that includes a detached garage to the south, and a new deck. There are no new non- conformities being created or intensifying any existing nonconformities. The lot is not located in any resource area but was under Conservation jurisdiction because it was within 150 ft. buffer and was approved. Mr. Bonvie mentioned that he did not see any drainage calculations but did notice there are dry wells on the site plan. Attorney Kirrane said that there are three dry wells. He provided the Board with the drainage calculations consisting of a 25-year storm. Mr. Bonvie will leave the decision up to the Board. Mr. Bonvie asked Mr. Morris if the basketball court is included in lot coverage. Mr. Morris said no. Mr. Bonvie noticed that a portion of the basketball court shed and driveway on the site plan on Town property and should be removed. It was not concerned about the driveways, but the shed and basketball court should be removed from Town property. Mr. Bonvie also questioned the front yard setbacks. Attorney Kirrane said that the house fronts all sections of the lot. Mr. Furbush and Mr. Morris agree that the basketball court and shed should be removed from Town property. Mr. Bonvie asked Attorney Kirrane if he was utilizing the 10.7 distance of the shed from Captains Row to calculate the front setback criteria. Attorney Kirrane said no, he is using the 23.8 ft. setback from the unconstructed road. The measurements are based on the average setbacks from 19 Captains, and 24 Captains Row for an 18.6 ft. setback average which is allowed under the zoning bylaws and is noted on the site plan. 2