07/08/2026 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 8, 2026 There are several nonconformities. The lot is nonconforming at 6,500 sq. ft. and is in the flood zone therefore the lot area is zero square feet. The entire lot is totally in the flood zone and does not meet the 50 ft. setback to wetlands under §174-33. The rear setback is nonconforming at 11.9 ft. to the foundation, and 3 ft. to the deck. The side setback on the northeasterly side is .3 ft. from the deck and shed indicated on the site plan. The proposed project is to raze the existing structure and replace it with a new structure essentially in the same footprint. There will be several improvements to the setbacks. The applicant intends to demolish the deck at the rear, and the setback would improve to 11.9 ft which is the current setback. On the northwesterly side the improvement will be from .3 ft. to 15.5 ft., which is compliant under the bylaw. The front yard setback will remain the same at 25.1 ft. The proposed project will result in compliance with the front setback, both side setbacks and the rear setback will be improved. The lot coverage is 100% and will remain 100% when the project is completed. The current lot coverage is 23.6% and will improve to 22.9%. The 50 ft. setback from wetlands will not change. The height of the proposed structure is 29.1 ft., which complies with the 30 ft. requirement in the overlay district. Under the bylaw §174-17.1 a property can be razed and replaced if it's not substantially more detrimental to the neighborhood than what currently exists and as long as no new nonconformities are created. There are no new nonconformities, the rear and side setbacks are improving and will be compliant. This project was approved by the Conservation Commission and conditioned significant mitigation plantings and landscaping. They also requested a denitrification septic system. In summary, this project is not substantially more detrimental than what currently exists in the neighborhood. The house will have a gravel driveway with the capacity to park three cars. There are no new nonconformities being created, and there are improvements to the setbacks. 2