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ZBA approves special permit for raise-and-replace at 31 Nick Trail with drainage, conservation conditions
Summary
The Mashpee Zoning Board of Appeals on July 8 approved a special permit for 31 Nick Trail LLC to raise and replace a single-family dwelling in the Pompanesset Overlay, conditioned on engineering stamps, conservation administrative sign-off for upgraded catch basins, and other plan amendments.
The Mashpee Zoning Board of Appeals voted July 8 to grant a special permit allowing 31 Nick Trail LLC to raise and replace a single-family house in the R-3 district and Pompanesset Overlay, subject to conditions addressing stormwater, plan accuracy and required departmental sign-offs.
Attorney Brian Wall, representing the owner Brian Kelleher, outlined the proposal and said the new structure would be in the existing foundation footprint, reduce some nonconformities (rear and northwesterly side setbacks) and include mitigation plantings and a denitrifying septic system required by the Conservation Commission. He said the proposed height (listed in materials as both 29.1 and 29.9 feet) is within the 30-foot maximum and that lot coverage measured against zoning rules would move from an effective 23.6% to 22.9% of structure coverage when wetlands are excluded.
Board members focused on technical clarifications. The chair asked that the applicant correct the zoning-data table to show both existing and proposed structure coverage and to clarify the height figure, and asked that the applicant pursue conservation staff approval to upgrade two 50-gallon plastic subsurface dry wells into larger grates/catch basins to capture sheet flow toward neighboring Lot 63. "Reach out to whoever you need to at Conservation," the chair said, asking the applicant to seek administrative approval before the board finalizes the filing.
In its motion the board attached a set of conditions: submission of the stamped site plan and building plans, engineering-stamped foundation and elevation documentation as required by the building department prior to framing, all town-department comments (including Board of Health and Conservation) read into the record, the installation of larger-capacity stormwater dry wells if administrative approval is granted by Conservation (otherwise the plan as filed remains), tree-bylaw review before building permits, and a finding that the project will not be substantially more detrimental to the neighborhood under the cited bylaw and Mass. Gen. Laws ch. 40A § 9.
The applicant said it would provide the corrected zoning table and follow up with Conservation staff; the chair indicated he would sign the plan after those administrative items were resolved. The motion carried and the board closed the hearing.
