03/22/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Thomas J. Guard and Michele Guard Trustees 409 Monomoscoy Road, Map 124 Parcel 62-0 Mashpee, MA 02649 FINDING-2023-19 The property is pre-existing non-conforming at 14,983 sq. ft. The structures on the lot are non- conforming with respect to the house which is a half a foot and 9.4 ft. from the sidelines, and the existing 220 sq. ft. shed is .7 ft. from the side line. This is located in an 11 AE zone and is approximately 6 ft. in elevation. The lot coverage is 100% as proposed and existing. The lot coverage analysis under the bylaw is a maximum of 20%, the existing is 11.5% and proposed at 14.9%which is below the 20%requirement. The application is to remove the 220 sq. ft. shed and replace it with a 720 sq. ft. two-car garage located 5 ft. from the side property line, and making it less non-conforming at .7 ft. The proposed garage will be an accessory dwelling. Mr. Lizardi-Rivera mentioned the proposed garage will be roughly in the vicinity of the existing shed. It is outside of the 100 ft. buffer zone to the wetlands. An order of conditions was issued by the Conservation Commission and was approved. A two car garage will be constructed and there will be some reconfiguration to the driveway to have better access. The driveway will remain with impervious crushed stone. The garage roof will have down spots, and a shallow trench will be installed underneath the driveway because of the high groundwater table. The garage will be constructed with flood vents. Attorney Guard said that the Board needs to determine if the pre-existing shed structure being moved 0.7 ft. from the side line is more detrimental than the proposed garage that will be 5 ft. from the side line. The Board also has to determine if the lot coverage increasing from 11.5%to 14.9% is substantially more detrimental to the neighborhood. At the last hearing on March 22, 2023, the Board requested some final changes to the site plan relative to the zoning table to add the lot structure coverage at 100%, Land Subject To Coastal Storm Flowage (LSTCSF), and add the lot percentages under the conventional method which is 11.9%, and the proposed being 16.2%which is under the 20%requirement. Mr. Lizardi-Rivera said that part of the new submission of the site plan included the architectural plans to coordinate the footprint of the proposed garage, and changes submitted by the Health Agent for the sewer connection of the septic system and connection to the denite system. Attorney Guard mentioned that the proposed garage has an accessory apartment above on the second floor and will be built to FEMA Standards. Mr. Metcalfe provided the floor plans for the garage that depicted the lower level plan with two overhead doors, and the second floor is an accessory dwelling. He described the construction material and the color designs showing the dormers and shingles.The plan also depicted the second story egress that is required with the rear and side elevations. 2