09/23/2020 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING James T. Morahan, Jr. and Nancy Morahan 62 Cayuga Avenue (Map 65 Parcel 10) Mashpee, MA 02649 FINDING-2020-36 The proposal consists of second floor addition to the existing structure and will essentially be built within the footprint of the existing first floor with the exception of a 2 ft. overhang to the rear on the John's Pond side of the building with two decks. The first floor deck will be above the ground, and there will be a deck off the second floor addition. The structure itself is not getting any closer to wetlands because the 2 ft. overhang is not considered part of the setback criteria, but the two decks bring the building closer to the wetland resource area by 10 ft. There's no changes to the front yard setback, and there is no expansion on either side of the house. 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 fiom 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. SPECIFIC FINDING CRITERIA: The Board reviewed the plans and made specific findings for the addition; • The height of the addition will be 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. • There will be dry wells, the shed will be removed and there will be mitigation plantings in the area near the pond. • The existing deck 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. • 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. The distance is 2.6 ft. closer deck to deck, and under the 3 ft. expansion. 2