03/24/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Scott W. Thorp and Linda D. Thorp 62 Riverside Road (Map 119 Parcel 136) Mashpee, MA 02649 FINDING-2021-27 Charlie read an email dated March 24, 2021 from the Conservation Department that the project is not within wetlands jurisdiction. He also read an email dated March 24, 2021 from Glen Harrington, Board of Health Agent. "If the sunroom addition is on Sono tubes then no variance is required from BOH. If a footing or cellar wall is proposed then a new variance must be sought due to the new distances to the septic tank. It looks like there will be a 6' opening to the sunroom which is preferred." Mr. Furbush explained to the applicants if they prefer to pour a 4 ft. foundation,they would have to discuss this with the Board of Health and the Building Commissioner, and may have to return to the ZBA. Mr. Blaisdell explained that the Variance request would be from the Board of Health, and not the ZBA. He also explained that the lot coverage is depicted as 16.7%and will increase to 17.3% and is under the 25% requirement. GENERAL CRITERIA: The subject property located at 62 Riverside Road is approximately 7,275 square feet. There were no abutters present. WRITTEN FINDING CRITERIA: ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued,although not conforming with the provisions of this chapter.Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 or,for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non- conforming uses, may not be made unless there is a Written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, • and, that there is adequate land area to provide sufficient parking and setbacks as may be required. 2