12/11/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONONG BOARD OF APPEALS Lawrence E. Johnson and Susan Grayson-Johnson 408 Monomoscoy Road (Map 124 Parcel 42) Mashpee, MA 02649 FINDING-2013-64 Attorney, Kevin Kirrane represented the applicants at 408 Monomoscoy Road. He stated the homeowners and Tim Luff of Archi-Tech Associates were present. The plan depicts a combination of two building lots 43 and 44 and contains approximately 27,000 square feet.The lot currently has a two-story,four bedroom Colonial style home and a pier, float, and dock complex. Mr. Kirrane stated the proposal consists of two additions; a master bedroom extension and a sunroom to be constructed on a portion of an existing deck that will also be extended (2') two feet north of the proposed sunroom. Mr. Kirrane provided the Board a documented proposal of the application. The structure is a pre-existing, non-conforming and the current setback on the Southerly lot side is 13.8 feet reducing to 11.2 feet becoming less conforming. Although the 50 foot setback is required from the wetlands resource area,the 2 foot extension of the deck toward the wetlands will not be an issue. The proposed additional living space is less than 100 square feet. Mr. Furbush read the comments from the Conservation Commission; "I have completed a review of the application for the proposed projects at 408 Monomoscoy Rd and found no omissions in regards to Conservation's submittal requirements. While I am not the issuing authority, I can say that the project, as proposed, does meet all of the applicable performance standards (functions) for the wetland resource areas involved, including salt marsh, bordering vegetated wetlands and Land Subject to Coastal Storm Flow. I do not anticipate any issues with this proposal when it comes before the Conservation Commission on Dec 12Ih, 2013. The project has been approved by Conservation." GENERAL FINDINGS: The subject property located at 408 Monomoscoy Road consists of approximately 27,600 square feet. WRITTEN FINDING CRITERIA: §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