04/28/2021 ZONING BOARD OF APPEALS Minutes (6)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 28, 2021 Attorney Kevin Kirrane represented the homeowners for the specific finding application. This project was before the Board back in January to discuss a detached garage on this site which required Variance relief from both the side and rear yard setbacks. The Board recommended that the proposal be reevaluated and perhaps connecting the garage to the house which is a non-conforming structure. This proposal is to alter a change of a pre-existing, non-conforming structure by attaching a single-car garage with storage space above to the existing non-conforming dwelling. The lot is in the Popponesset Overlay District, it has 76 ft. of frontage, and over 6,000 sq. ft. of lot area. The applicants are proposing to contract an 18 x 20 ft. garage with storage above to allow for one vehicle, and storage. The allowed percent lot coverage is 25%,but is non- conforming because it does not meet the required 15 ft. on either side setback. The 200 sq. ft. shed on the lot fails to meet the front and rear yard setbacks. The dwelling and shed occupy 27.2%of the lot area which exceeds the maximum allowed 25%. This is also a non- conforming condition. Currently the dwelling is situated 12.2 ft. from the side line that would be impacted by the garage therefore this is a non-conforming condition. The proposed garage will sit about 7 ft. from the side line, and 15 ft. from the rear lot line. The previous proposal required both variance relief from the side and the rear lot line. This situation is increasing a non- conformity of the single-family residential structure, and under §174-17 the Board must make a finding that what is being proposed is not more substantially more detrimental to the neighborhood than what currently exists. Although the new proposal is increasing a new non-conformity aspect on the sideline,this will be eliminated by reducing a significant portion of the deck on the other side of the building thereby bringing the lot coverage within the 25%lot coverage requirement,and eliminating the non-conformity that exists at 27.2%. Attorney Kirrane attached the floor plans of the proposed garage, and letters from the abutters who are in favor. The Board would be well within its discretionary powers to grant the appropriate finding. Chairman Furbush wanted to know why there wasn't a request for a sideline variance other than a Written Finding. Attorney Kirrane said because there's an increase of a non- conforming aspect of the building with the garage attached. The previous application was a stand-alone structure that was 5 ft. from the side line, and 5 ft. from the rear line. This proposal only requires a specific Written Finding because the structure is being attached to the building. The revised site plan depicts 12.2 ft. off the side line which makes this building non- conforming, and does not meet the 15 ft. requirement. The garage will be 7 ft. off the property line,but the shed is being removed and is no longer an issue. 2