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03/22/2023 ZONING BOARD OF APPEALS Decision
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03/22/2023 ZONING BOARD OF APPEALS Decision
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12/19/2023 5:01:31 PM
Creation date
12/19/2023 1:44:28 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
03/22/2023
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owner, MT GUARD, LC <br /> 411 Monomoscoy Road (Map 124 Parcel 61-0) <br /> Mashpee, MA 02649 <br /> SP-2023-20 <br /> Mr. Guard said that the garage is a true garage with flood vents. The utilities will be above that at <br /> Elevation 14 and will have to comply with FEMA regulations.The garage will be just living space <br /> above. The house will have a parking area with two floors above. <br /> Mr. Furbush wanted to confirm that the proposed garage is 5 ft.from the side line, and the existing <br /> shed that is will be removed is 3.9 ft. In terms of the setbacks,the garage replaces the shed. <br /> Mr. Lizardi-Rivera confirmed that the house will be larger and is getting closer to the street,but in <br /> terms of setbacks the exiting setback on the right side yard is 3.8 ft.,the proposed is 4 ft. The south <br /> side existing setback is 15.9 ft., and the proposed is 16.0 ft. They are relatively the same setbacks <br /> but are getting better. <br /> Mr. Morris said that the garage has to have a non-pervious surface and enclosed on four walls. It's <br /> not a story above grade. The room above the garage is a"sleeping unit", not a dwelling unit. <br /> GENERAL FINDINGS <br /> The Conservation Department comments dated May 8, 2023 were read into the record: "The <br /> conservation commission approved this project at their February 9`h public meeting and issued an <br /> order of conditions (permit). This project meets the performance standards for Regulation 25 <br /> (Land Subject to Coastal Storm Flowage)the proposed new house footprint setback was increased <br /> from the wetland edge from the existing home. The new deck required mitigation to enhance a <br /> diminished naturally vegetated buffer zone. Garage proposed in previously/legally altered <br /> areas. " <br /> The Board of Health comments dated May 9, 2023 were read into the record: "Septic approved <br /> for five (5) bedrooms. " <br /> The subject property located at 411 Monomoscoy Road contains a total of 14,884 square feet. <br /> There were no abutters present. <br /> SPECIAL PERMIT CRITERA <br /> ARTICLE V -Nonconforming Buildings and Uses <br /> §174-17.1 Raze and Replace History: Added 10-15-2018 ATM,Article 16, approved by Attorney <br /> General 1-9-2019. <br /> 3 <br />
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