10/11/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 11, 2023 66 Massasoit Avenue: Owners, Patrick M. and Sharon M. O'Connor request a Written Finding under § 174-17 and § 174-33 of the Zoning Bylaws to allow for construction of a second story addition, alteration, and extension to a pre-existing, non -conforming structure on property located in an R-3 Zoning District, Map 72 Parcel 30, Mashpee, MA. Attorney Christopher Kirrane represented the homeowners for their Written Finding request to construct two additions. The lot size is 11,640 sq. ft. which is non -conforming in the R-3 Zoning District. The lot is odd shaped and the dwelling fronts on both Massasoit Avenue and Sakonnet Drive. The two non -conformities from the front yard setbacks are 3.3 ft. from Massasoit Avenue, and 9.7 ft. from Sakonnet Drive. The current lot coverage is 16.9% which is conforming, and both side yard setbacks are conforming. Attorney Kirrane stated that the proposal consists of an addition on the Sakonnet Drive side of the house will be 19.7 ft. from the property line which is further back than the existing non -conformity of 9.7 ft. The proposed project that consist of a concrete paver patio area on the Massasoit Avenue side is currently non -conforming at 3.3 ft. and will be intensified to under 1 foot after constructing an enclosed structure. This area is already disturbed and will not be extending beyond what consists of concrete block pavers is not creating a condition that is substantial more detrimental to the neighborhood. Attorney Kirrane stated in his written presentation a portion of the existing patio and driveway extend within the road layout. But Massasoit Avenue is a private road and has not been developed to current day standards. The applicants own the fee to the center line under the "derelict fee" statue as set forth in MGL c. 183 Section 58. An encroachment is allowed as long as it does not interfere with others that may have rights to the road. He suggested that the Board does not have any jurisdiction in this regard to the road layout. The lot coverage is currently 16.9% and the proposed is 19.1 % which is under the 20% requirement. Mr. Ganzenmuller read a letter dated October 11, 2023 from Sandra Orangio, an abutter who is in favor of the project. Mr. Ganzenmuller read the Board of Health comments dated October 6, 2023 into the record; "To remain 2 bedroom in a Zone 11. No comment. " The Conservation Department comments; "This project has been reviewed and approved by the Conservation Commission. An email from Dan Ken, Assistant Conservation Agent; "RDA application was approved by the Commission at the July 13th hearing. " Mr. Furbush asked Attorney Kirrane a hypothetical question if the Town took over Massasoit Avenue to get some background information regarding the width of the street. Mr. Morris stated that the road is approximately 40 ft. wide. But that is a questions for the DPW. Mr. Morris does agree with Attorney Kirrane regarding ownership. Chairman Bonvie believes that anyone is allowed to drive down a private way/paper road. Attorney Kirrane stated that it is not a zoning issue.