08/23/2023 ZONING BOARD OF APPEALS Minutes

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AUGUST 23, 2023 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES 3. No new non-conformities are being created, unless authorized by a variance. ance. I see that both lot owners are listed as "applicants"far the special permit, which is beneficial because, if the special permit is granted, there will have to be a condition (as proposed by Atty. Ford) to remove the common lot line and place the lots into common ownership by recorded instrument. In essence, the ZBA should identify and itemize each nonconformity that currently exists with respect to the two separate lots, determine what nonconformities would be created with respect to the proposed use/structure on the merged/combined lot, and then determine whether any "new" nonconformity is being created with respect to the merged lot. If the new lot/structure only alters, extends, or changes apre-existing dimensional, setback or other type of nonconformity the Board can apply the Section 174-17.1 standard noted above to decide whether the special permit should issue. If,' on the other hand, the lot merged lot/ new structure would create a new or diff erent nonconformity, the applicant would have to obtain a variance before the raze & replace special permit can issue. I don't see any "legal" issue with the application, and it appears that appropriate documentation has been submitted to the Board for its review/action. Chairman BoDvic polled the Board for comments. Mr. Goldstein as one Board member wants to confirm the height of the ridge at 35 ft. and would like to condition to confirm the height certification. He also reviewed the house plan "A201", and wanted to know if the front gable was a structure. Mr. Sidford stated it was a skylight window,and is not considered a structure. Mr. Blaisdell stated that Town Counsel made it clear that the Board look at the non-conformities on the two existing separate homes, and the non-conformities associated with the proposal, and that there are no new non-conformities being created. Mr. Blaisdell asked Attorney Ford to explain to the Board the existing non-conformities on each individual home. Attorney Ford provided the Board a detailed letter dated July 20, 2023 that explains the existing non-conformities for 12 Popponesset Island Road, and 16 Popponesset Island Road. Mr. Furbush read page 2 of the letter into the record as follows: rn A) Existing 12 Popponesset Island Road (Lot 2) Existing Area above flood zone and landward of bank = 19,710 sq. ft. Structures (garage, house, deck, boathouse with side stairs and deck) = 4,177 sq. ft, Lot Coverage = 21.2% lot coverage. Portions of the existing single family dwelling are located within the required 50 foot setback from wetlands. Thus,the following non-conformities exist: Lot Area, Lot Coverage,and Setback from Wetlands.