01/08/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Petitioner, Barbara B. Nichols (Owner of record: Barbara B. Nichols and Robert C. Nichols, Trustees) 24 Melissa Avenue (Map 21 Parcel 1) Mashpee, MA 02649 FINDING-2020-02 The existing lot coverage is 2.19%, and the proposed lot coverage will be 2.17% because the shed will be removed. The proposed structure is not substantially more detrimental than what exists, and will not create a situation that is substantially more detrimental to the neighborhood. Attorney Kirrane received the Board of Health comments just prior to the meeting,and was unable to respond. He asked the Board if they are inclined to grant the relief,that it can be conditioned upon receiving the appropriate approvals from the Board of Health. The accessor's records indicate that the cottage is a two bedroom structure, and the farmhouse has four bedrooms for a total of six. The information from the Board of Health is that it is not designed for six. His client is willing to upgrade the septic system to accommodate the use. The proposed project received an Order of Conditions from. the Conservation Commission. SPECIFIC FINDINGS: Mr. Blaisdell asked the question if a Special Permit is necessary if the Board were to approve the application for the Written Finding under §174-17. Attorney Kirrane said that the new structure will conform to all criteria relative'to setbacks, height, and lot coverage because it's a five(5)acre lot.Attorney Kirrane said that it's the use that is non-conforming and will not becoming any more non-conforming. The reason he applied for both a Written Finding and a Special Permit is to cover all the bases. The Board had a discussion relative to the Town taking Melissa Avenue which is a road and an easement. Jones Road was a taking. The Board determined there was no relevance with the proposed project. Attorney Kirrane said he is willing to provide the Board with the information if needed. Mr. Bonvie asked Charlie Maintanis if both applications were necessary. Charlie said; yes especially the request under Section 174-17.1 because of the non-conformity.of the three dwellings on a single lot. The Board agreed that both applications do apply for this project. Mr. Goldstein wants to make sure that the Board of Health is satisfied. Attorney Kirrane said that the layout of the house would not change, and his client is willing to replace the septic system to accommodate the new dwelling. Charlie said that he would not send the project back to the ZBA if approved by the Board of Health. Sharon read the Board of Health and the Conservation Department comments into the record. There were no more comments from the Board or the audience. 2