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

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 24, 2026 Mr. Caggiano read the continuance letter from Attorney Kirrane into the record. Mr. Reidy made a motion that the Board accept the continuance until Wednesday, July 22, 2026. Mr. Furbush second. All were in favor. 386 Mashpee Neck Road: Owners, John K. McCabe, Jr. and Tracy Padula- McCabe request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for reconstruction of an existing deck with a covered patio and deck above, removal of the existing chimney and remove and rebuild existing access stairs to a pre-existing nonconforming structure on property located in an R-3 Zoning District, Map 96, Parcel 2, Mashpee, MA. Attorney Kirrane represented the Mr. John K. McCabe, Jr. and Tracy Padula- McCabe, the applicant seeking approval for alterations to a pre-existing nonconforming single-family structure under the bylaws §174-17 and §174-33. This property is located in the R-3 Zoning District and requires to meet current Zoning under Section 174-31, and setback to wetlands at 50 ft. This property is totally located within (LSCSF) Land Subject to Coastal Storm Flowage. There are several nonconformities. The lot area is zero square feet even though the lot size 18,490 sq. ft. The lot coverage is 100% and setback to wetlands is not setback 50 ft. because of the flood zone. The front setback is nonconforming at 100 ft. where 150 ft. is required, and the southerly side yard setback is 1.4 ft. and is a nonconforming where 15 ft. is required. Attorney Kirrane provided the Board the site plan depicting the proposed reconstruction. The current percentage of structures is 11.4% and will reduce to 11.2%. The 2,108 sq. ft. of structure coverage will reduce to 2,065 of structure coverage. This project was approved by the Conservation Commission. There is some mitigation that was conditioned. There is storm water management, and drainage calculations were submitted to the Board. There are no new nonconformities being created and will not intensify any existing nonconformities. Attorney Kirrane also submitted a rendering of the parking that depicts a single-car garage and driveway along with neighborhood photos. Mr. Reidy read the Board of Health comments dated June 22, 2026, into the record; Septic system is a 3-bedroom, floor plans show 3 bedrooms no concern from Health Department. House to be Connected to Sewer on Phase 2 (South). Mr. Reidy read the Conservation Department comments dated June 24, 2026, into the record; Resource Areas: Coastal Bank and LSCSF velocity zone. NOI application was approved unanimously with conditions of submission of revised drywell description. Overall reduction in structure footprint will improve site conditions as the property lies in LSCSF velocity zone and in the coastal bank. 5