04/28/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Hans E. Brings and Sarah J. Brings 23 Jeep Place, (Map 118 Parcel 111) Mashpee, MA 02649 FINDING-2021-29 The previous proposal required both variance relief from the side and rear lot line. This situation is increasing a non-conformity of the single-family residential structure, and under §174-17 the Board must make a finding that what is being proposed is not more substantially more detrimental to the neighborhood than what currently exists. Although the new proposal is increasing a new non-conformity aspect on the sideline, this will be eliminated by reducing a significant portion of the deck on the other side of the building thereby bringing the lot coverage within the 25%lot coverage requirement,and eliminating the non-conformity that exists at 27.2%. Attorney Kirrane attached the floor plans of the proposed garage, and letters from the abutters who are in favor. The previous application was a stand-alone structure that was 5 ft. from the side line, and 5 ft. from the rear line. This proposal only requires a specific Written Finding because the structure is being attached to the building. The revised site plan depicts 12.2 ft. off the side line which makes this building non-conforming, and does not meet the 15 ft. requirement. The garage will be 7 ft. off the property line, but the shed is being removed and is no longer an issue. The Board had a discussion regarding the past history of the property that consisted of an illegal deck. The current homeowner mentioned he purchased the property in 2003, and he spoke with the Building Department and said that those violations were dismissed when the former owner was told to remove a portion of the deck. The Board of Health comments dated April 27,2021 were read into the record. There were no more comments from the Board. GENERAL CRITERIA: The subject property located at 23 Jeep Place is approximately 8,400 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. 2