09/08/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 8, 2021 The existing building coverage is 21.4%, and the proposed coverage is at 21% which is both conforming to the required 25%lot coverage on lots that are less than 10,000 sq. ft. Section 174-17 allows alteration, change or expansion of a non-conforming structure provided that the Board finds that the proposed alterations, or changes will not be more substantially more detrimental than what currently exists, and that there are adequate setbacks and parking that may be required. Given that the proposed second story addition is not increasing or exacerbating any increases in the non-conforming conditions, and that there is adequate land area both for parking and setbacks, the Board is well within their discretion to issue a Written Finding. The project was approved by the Conservation Commission and was signed off by the Board of Health. Chairman Furbush asked if the existing shed could be moved into compliance. The Board reviewed the photo of the shed. Attorney Kirrane said that if it is moved,that might require another meeting with Conservation because it would be a change in what they had already approved. There were no calls from any abutters. The Board had a discussion and confirmed that the lot coverage is well below the requirement. The Building Commissioner said that if the shed has been in place for 10 years it is considered a non-conforming condition. The Board had no more comments. Sharon read the Board of Health comments dated September 8,2021, and the Conservation Comments dated September 7, 2021 into the record. Mr. Bonvie made a motion that the Board issues a Written Finding to Owners, David W. Nichols and Debra L.Nichols of 164 Ninigret Avenue under§174-17 of the Zoning Bylaws to allow for construction of a second floor addition to a pre-existing,non-conforming single family residence on property located in an R-3 Zoning District, Map 65 Parcel 85, Mashpee, MA with following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Plan of Land, for 164 Ninigret Ave., Mashpee, MA. Proposed Conditions,June 23, 2021. Prepared for PAV Construction, Mr. Pavlin Peshev, PO Box 983, S. Yarmouth, MA, BSC Group, W. Yarmouth, MA. Signed by: Kieran Healy, Professional Land Surveyor, No.: 48135, dated 6/23/21. 3. Proposed Section Floor Addition/Renovation: David and Debra Nichols, 164 Ninigret Ave. Page 1: Proposed Front Elevation and Right Side Elevation, Page 2: Rear Elevation and Left Side Elevation, Page 3: Existing First Floor and Basement Floor, Page 4: Proposed First Floor Plan, Page 5: Proposed Section Floor, Page 6: Proposed Basement Floor Plan and Framing Section "M". 2