10/11/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 11, 2023 20 Oneida Avenue: Owner, Gina Girard (f/n/a Gina Devlin) requests a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of a deck, and garage with a porch addition, and extension to a pre-existing, non -conforming structure on property located in an R-3 Zoning District, Map 65 Parcel 48, Mashpee, MA. Attorney Christopher Kirrane represented the owner who was also present. The property is located in the R-3 Zoning District. Ms. Girard is requesting a Written Finding under Section 174-17 to add an addition and garage to a pre-existing non -conforming structure. The site is an unusual shaped lot that consists of 20,256 sq. ft. which is under the 40,000 sq. ft. requirement. The structure itself is non -conforming in two aspects. The existing house fronts on both Oneida at 22. 5 ft., and 8.7 ft. from Canonchet Avenue where 40 ft. is required under the bylaw. The addition and garage will be built on the Canonchet side of the lot which would be the rear except that there's an existing road. There is an existing deck and patio which will be cleared. There is a proposed encroachment toward the front yard setback that is currently 28.7 ft. and will become 23.5 ft., but this is because of the unique shape of the lot. There are no new non - conformities being created. There is a dry well proposed for this area of the project. Mr. Reidy read the Conservation Department comments dated October 2, 2023 into the record; "A portion of this property lies within 100 feet of the tap of inland bank associated with Cataquin Pond. " An email from Dan Kent, Assistant Conservation Agent dated October 2, 2023 into the record; "At this time the project is outside the 100' buffer zone not within wetlands jurisdiction and no permit from Conservation is required. Effective October Vh the 150' buffer zone will be active and a permit will need to be applied for. " The Board of Health comments were read into the record; "No increase inflow, no comments. " Attorney Kirrane pointed out that the project is outside of the 100 ft. buffer. But the project will be within the 150 ft. The lot coverage is not within the flood zone. The existing lot coverage is 8.4%, and the proposed is 10.9% which is well under the 20%. Mr. Morris stated that the 150 ft. buffer was approved at last year's Town Meeting. The Board had a discussion regarding the Conservation Department comments, and questioned if the application would affect the change in plans of the 150 ft. Attorney Kirrane stated that the 150 ft. buffer is not wetlands. Mr. Blaisdell stated that this Board has nothing to with the wetlands. The Board should not rule on what may or may not be approved at Town Meeting. Ms. Sangeleer agreed. Mr. Bonvie agreed but was concerned that the change of plans would require the applicant to return to this Board. Mr. Morris stated that he does not see any new non -conformities. Attorney Kirrane stated that there are no new non -conformities, but will be extending a non- conformity toward Canonchet Ave.