01/25/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS JANUARY 25,2023 Attorney Christopher Kirrane represented the homeowners for the Written Finding request as described in the public notice. The existing structure and patio is non-conforming. The front yard setback is non-conforming at 19.6 ft. The northerly side yard setback is non-conforming at 11.2 ft. The setback to wetlands is 43 ft. and is non-conforming to the 50 ft. requirement. This lot is wholly located within Land Subject to Coastal Storm Flowage (LSCSF), and is non-conforming for lot coverage. The project includes removing a portion of the existing deck and spa,and replacing it with a patio and pool. The Attorney provided the Board with an existing and proposed site plan of the project. The patio and pool will be located in the same footprint, and there is no expansion of any setbacks. There is a slight reduction in the traditional lot coverage, and actually improving the northerly setback from 11.2 ft. to 13.1 ft.to the steps. The Board had a conversation and noticed that the site plan depicts the side yard setback to the dwelling as 17 ft. The Board would like revised site plans of existing and proposed showing the northerly side yard setback to the structure. Mr. Morris said that the steps are a required egress. The landing is allowed to encroach 4 ft. and the steps are exempt. Mr. Morris said that he believes there is no new non-conformities. Mr. Reidy read the Conservation Department comments into the record; "This proposal was continued to January 26"' to allow time for the applicant to provide proof of application to the Zoning Board. Additional conditions of added mitigation plantings and a prohibition on the use of fertilizer on the lawn in perpetuity. No other issues with this application and I assume it will be approved on Thursday, Jan. 26"'. 1 recommend the ZBA proceed with their review as scheduled. The Board of Health comments were read into the record; "Septic is in front of house, no encroachment and no increase in flow. "No concerns from the Health Department." The Board had a discussion with Attorney Kirrane regarding applications for the Conservation Commission should indicate that there is an application to the Zoning Board of Appeals, if required. There were no more comments from the Board. There were no comments from the audience. Mr.Bonvie made a motion that the Board issue a Written Finding to Owners,Mark J. and Melissa A. Winters under §174-17 and §174-33 of the Zoning Bylaws to allow for an extension, alteration of an existing deck and spa with a raised patio and pool on property located in an R3 Zoning District, Map 105 Parcel 219, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 6