9/23/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 23,2020 The Board can make a determination that what is being proposed is not substantially more detrimental than the existing non-conforming structure to the neighborhood, and that there is adequate parking to satisfy any requirements. This project has been in front of the Conservation Commission and is scheduled to go back before the Commission because there were a couple of requests made regarding their requirements. There's a shed that is non-conforming,but is being removed and replaced with mitigation plantings as requested by the Conservation Commission. The lot coverage is increasing from 9.3% to 11.4% which is well within the allowed 20%. Attorney Kirrane expects that Conservation will approve this project at their next meeting. Chairman Furbush has no issues with the project, but asked for the height of the proposed addition. Adam said that the height is 26 ft. at the front side of the house as proposed, and the average grade is about 29 to 30 ft., which is listed on the elevation drawings on the street side and the water side. Dan said yes there will be dry wells, and there will be mitigation plantings in the area near the pond. Ron asked how much closer the new deck will be to the wetlands than the existing. Dan O'Jala said it will be approximately 4 ft. closer on the west corner. The existing deck is closer than the house, and is only a couple feet closer. Ron asked if there is an expansion of a non-conformity. Attorney Kirrane said that currently the actual structure is 38.3 ft. from the wetlands. The wooden deck on the ground level is closer to the wetlands than the actual building.The building with the addition of the deck to the rear is going from 38.3 ft. to 28.3 ft.which is about 10 ft. closer than the existing structure.The proposed deck is not getting any closer than the existing wooden deck structure. The Board had a discussion regarding the existing wooden deck, and if it is considered a structure. Charlie provided the definition of a structure from the bylaws stating any assembly of materials is considered a structure. Dan said that the only exception would be a brick patio that's flush with the ground for landscaping, but a wooden deck even a few inches off the ground would be considered a structure. The Board determined that this particular deck is a structure because it is supported by footings. Ron would like to reference the non-conformity for the record. Attorney Kirrane said that reference can be made for both setbacks; the increase of the non-conformity from the actual dwelling, and an increase in the non-conformity from the deck. Dan O'Jala confirmed that the distance is 2.6 ft, closer deck to deck, it's under 3 ft. expansion. 2