05/10/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 10, 2023 Ms. Sangeleer, seconded, yes, Mr. Pittsley, yes, Mr. Reidy, yes, Mr. Goldstein, yes, Mr. Furbush, yes. All were in favor to issue a Written Finding. 411 Monomoscoy Road: Owner, MT Guard, LC requests a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing, non-conforming single-family dwelling with a detached garage and second floor accessory apartment on property located in an R-3 Zoning District, Map 124 Parcel 61-0, Mashpee, MA. (Continued from March 22, 2023 hearings at the request of the Board). Attorney Steve Guard represented the application. Also present was Raul Lizardi-Rivera with Cape & Islands Engineering, and Jeff Metcalfe, Architect. At the last hearing, the Board requested some final changes to the site plan relative to the zoning table and list the lot structure coverage at 100%, (LSTCSF), and also the percentages under the conventional lot coverage at 6%, and the proposed is 18.4% which is below the 20% requirement. Attorney Guard mentioned that there was a proposed shed that was too close to the lot line. This shed has been removed. Mr. Guard said that a building permit will be submitted for a future shed and will be situated in the correct location. The other change noted is the second floor of the proposed garage is not considered an accessory apartment because it will not be occupied by the owner. This area would be considered a loft bedroom area with no kitchen. If in the future there is a request for this to be renovated they will seek the appropriate building permits from the Building Department. Mr. Lizard-Rivera said that this is similar to the prior project in terms of the changes to the site plan, and the architectural plans with the footprint. The prior plan did not show the actual stairs to the house or the proposed garage, and the stairs to the loft above, and does not change the footprint. The square footage is not changing. The proposed garage is not a true garage. It’s considered a “parking area” underneath because it cannot be 2.5 stories above grade. The other change noted is to eliminate the 220 sq. ft. shed because it does not comply with flood zone construction, and setback requirements. Mr. Metcalfe provided the proposed house and garage floor plans with the color renderings. The lower level plan shows an overhead door, and the second floor depicts a bedroom in the rear with an open living space and no kitchen in this particular garage. The garage area is in the flood plain. Mr. Furbush asked about the area above the garage. Mr. Guard said originally there was not going to be a kitchen because it cannot be an accessory apartment. It’s just a bedroom with a sitting area and a bathroom. 4