07/08/2026 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 8, 2026 Mr. Furbush made a motion to extend the hearing until August 26, 2026. Mr. Blaisdell, second. All were in favor. 11 Pine Avenue: Owners, Brian V. Howe and Claudia D. Howe request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace an existing single-family dwelling and replace it with a new single-family dwelling on property located in the R-3 Zoning District, Map 123, Parcel 28, Mashpee, MA. Attorney Christopher Kirrane represented the applicants, Brian and Claudia Howe seeking a Special Permit to raze and replace their home. This property is located in the R-3 Zoning District. This lot requires meeting the minimum dimensional requirements under §174-31 of the Zoning Bylaws. The bylaw (fn. 6) does allow for the average setbacks of dwellings on the lots adjacent to either side. In this case, the average is 28.2 ft. from the road of the properties on either side of the subject lot. There are four nonconformities; the first is the lot size at 11,000 sq. ft., the frontage is 100 ft., the current front yard setback is 13.2 ft. on Pine Avenue. The last nonconformity is the side yard setback at 14.5 ft. where 15 ft. is required. There are no wetlands or flood zone involved with this property. The current lot coverage is 9.8%, and the proposed lot coverage will increase to 19.9% and is still under the 20% maximum coverage. The front yard setback will be improving from 13.2 ft. to 33.6 ft. The side yard setback is slightly improving from 14.5 ft. to 14.9 ft. The existing home was built in the late 1940's and the new home will be building code compliant; a new IA septic system is proposed in the rear of the property. There is significant storm water management included in storm water calculations that were submitted to the Board. There are several dry wells being installed on the lot. There will be sufficient parking that is indicated on the site plan along with a garage. The new dwelling will be building code compliant and will not be substantially more detrimental to the neighborhood than what exists. Mr. Reidy read the Conservation Department comments into the record; "Not within wetlands jurisdiction." Board of Health comments; Septic designed for 3 bedrooms; house is in Zone 2 and cannot have more than 3 bedrooms. There are 3 Bedrooms per Floor plans submitted electronically on 7-7-26 showing cased opening on "Office". Mr. Reidy read an abutter letter into the record that resides at 22 Pine Ave, and a letter from an abutter that resides at 8 Rock Island Road. Attorney Kirrane confirmed that the lots were merged since 1947. 9