08/25/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, David W. Nichols and Debra L. Nichols 164 Ninigret Avenue (Map 65 Parcel 85) Mashpee, MA 02649 FINDING-2021-49 The application request is for a second-story addition which is within the footprint of the existing building and attached deck. So there is no increase in the non-conforming aspect of the structure. This structure sits about 26.2 ft. from Ninigret Avenue, 14 ft. on the Northerly sideline, and 9 ft. from the Southerly side line. The existing building coverage is 21.4%,and the proposed coverage is at 2 1%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 reviewed by the Board of Health. The Board of Health comments dated September 8, 2021 were read into the record; "The property is limited to 2 bedrooms due to location in a Zone II and an undersized lot. The proposed floor plans have been reviewed and are compliant as a 2 bedroom." The Conservation Comments dated September 7,2021 were read into the record; "This project has been approved by Conservation. Any restored lawn areas within wetlands jurisdiction must be compliant with Mashpee's Ch.172 Regulation 31 lawn standards. Documentation regarding seed and/or sod species must be provided to the Conservation Dept." GENERAL CRITERIA The subject property located at 164 Ninigret Avenue is approximately 6,250 square feet. There were no abutters present. There were no more comments from the Board. 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