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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> APRIL 28, 2021 <br /> Mr. Blaisdell commented that this proposal does not need a Variance. Under Section 174- <br /> 17 the applicant is asking to extend, or alter a pre-existing non-conformity. He's not <br /> introducing a new non-conformity, he's extending a pre-existing non-conformity which is <br /> allowed under 174-17 as long as the Board determines that the new structure is not more <br /> detrimental than what previously exists. <br /> Ms. Sangeleer and Mr. Furbush read a Decision of the deck for this property that was <br /> denied by the Board back in 2001. <br /> Attorney Kirrane commented that the issue with the deck has nothing to do with the garage <br /> proposal on the opposite side of the property. He asked if there was a site plan for the deck <br /> that was denied. <br /> Chairman Furbush does not support the project and believes that it's an encroachment on <br /> the neighbor, and is a determent to the neighborhood. <br /> Mr. Blaisdell does not have an issue with the project. Mr. Goldstein agreed since the shed <br /> is being removed. <br /> Ms. Sangeleer read the Board of Health comments dated April 27, 2021 into the record. <br /> Mr. Furbush was concerned about the variance comment from the Health Agent. Attorney <br /> Kirrane said that it's a Board of Health issue. <br /> Mr. Gould asked if there was any evidence if the previous violations have been corrected. <br /> Mr. Morris said no; it's non-conforming. Attorney Kirrane said that if the Building <br /> Department has an issue with the deck, it should be discussed with the homeowner. <br /> Mr. Hans Bring is the homeowner, and commented that when he purchased the property in <br /> 2003, and had a discussion with the Building Department. He said the former owner had <br /> to remove a portion of the deck, and it now conforms. <br /> Ms. Sangeleer read the names of the abutters and their addresses into the record who were <br /> in favor. <br /> There were no more comments from the Board or attendees. <br /> Mr. Goldstein made a motion that the Board grant 23 Jeep Place, Owners, Hans E. and <br /> Sarah J. Brings request for a Written Finding to under §174-17 of the Zoning Bylaws to <br /> allow for construction of a garage addition on property located in an R-3 Zoning District <br /> and the Popponesset Overlay District, Map 118 Parcel 111, Mashpee, MA with the <br /> following conditions; <br /> 1. The Board has determined that the applicant meets all the conditions of a Written <br /> Finding under Mass General Law 40A Section 6. <br /> 3 <br />