03/22/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES March 22,2023 Ms. Sangeleer read the Board of Health comments dated March 16, 2023; Addition can't be approved by BOH. This would add a 4th bedroom on a 3 bedroom system. Lot is in a Zone II on 10,000 square feet, no extra flow can be added even with an I/A System upgrade. Ms. Sangeleer read the Conservation Department comments dated March 22, 2023 in the record; "Property lies within the FEMA mapped AE flood zone and is thus jurisdictional under the Ch. 172 Wetland Bylaw; however, given that the proposal is entirely within the footprint of existing hardscaping, it was approved administratively. No issues. " The Board has no authority regarding the Board of Health requirements. Ms. Gould said that the house is only a three bedroom. The Board suggested the applicant have a conversation with the Health Agent. Mr. Goldstein mentioned that there is no second floor plan, and should be included for review by the Board of Health. Mr. Sykes would like to continue the hearing until April 26, 2023. Mr. Bonvie made a motion that the Board accept the request for an extension until April 26, 2023. Mr. Gould seconded, Mr. Caggiano, yes, Mr. Gould, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, and Mr. Furbush. The Board instructed the applicants to provide a new set of plans for the Board of Health. 409 Monomoscov, Road: Owners, Thomas and Michelle Guard, Trustees request a Written Finding under §174-17 of the Zoning Bylaws to allow for removal of an existing shed, and construct a garage in its approximate location on property located in an R-3 Zoning District, Map 124 Parcel 62-0, Mashpee, MA. Attorney Steve Guard represented the homeowners for their Written Finding request. Also present was Raul Lizardi-Rivera with Cape & Islands Engineering. The property is pre-existing non- conforming, and is smaller than the required area at 14,983 ft. It lacks the required frontage of 50 ft. Neither of those non-conforming dimensional items will be changed as part of this proposal. The structures on the lot are also non-conforming with respect to the house which is a half a foot and 9.4 ft. from the sidelines, and the 220 sq. ft. shed is .7 ft. from the side line. This is located in an 11 AE zone and is approximately 6 ft. in elevation. The lot coverage is 100% as proposed and existing. The lot coverage analysis under the bylaw is a maximum of 20%, the existing is 11.5% and proposed at 14.9%which is below the requirement. The application is to remove the 220 sq. ft. shed and replace it with a 720 sq. ft. two-car garage located 5 ft. from the property line, and making it less non-conforming at .7 ft. The proposed garage will be an accessory dwelling. 3