06/24/2026 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 24, 2026 The new structure will be moved back substantially from the pond. The current structure is essentially situated on the edge of the pond. The proposed mitigation is about 4-5 times the amount required by the Conservation Commission of the vegetative buffer to the pond where non currently exists. It is designed to collect storm water and infiltrate the storm water into the ground and will protect the pond. The project also involves a new IA septic system. The Conservation Commission approved the project and issued an order of conditions in March 2025. The applicant applied to the Zoning Board requesting a Special Permit and was granted in May 2025. The owner who received the Special Permit did not move forward with the project and sold the property to the current applicant. The current applicant does not want to build the exact house that was approved and is seeking approval of some minor modifications. The modification includes modifying the footprint of the house by making it slightly wider, increase the size of the deck in the back, and proposed a new covered wrap around deck on the other side of the house. After a number of hearings, the Commission wanted to scale back the deck about 2 ft. away from the pond and is now in the same location that was previously approved by the Commission and the Zoning Board. The wrap around deck was squared off because one of the posts of the deck was extending into the proposed mitigation area, and the Commission asked that the deck be modified as to eliminate extending into the mitigation area. The revised plan depicts the reconfigured deck. Under the original Special Permit, the Board made specific findings particularly finding that the proposed structure coverage 1,512 sq. ft., with a 14.1% lot coverage. The modification request is to increase the square footage to 1,943 sq. ft. at 18.1% lot coverage but is still under the 20%. Attorney Wall stated that this project will not create any new nonconformities and presents significant improvements to the environment and will not be substantially more detrimental to the neighborhood, and that this project can be considered minor changes to the original Special Permit. The Board had questions regarding the setbacks and lot coverage. Attorney Wall said that the current existing is 9.9%, but 14.1% was approved. The expansion is the side deck and is over a driveway. The Board compared the original approved site plan with the current modification plan and noticed that the 16 ft. setback and the front setback at 40.5 ft. remained the same. The setback of the deck is proposed at 23.3 ft. and was originally 11 ft. from the house. Mr. Reidy read the Board of Health and Conservation Department comments into the record. 2