06/14/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Cindy L. True and Michael Woodcock 53 James Circle (Map 71 Parcel 43) Mashpee, MA 02649 FINDING-2023-33 The design is depicted on the site plan and will be a notable improvement to the previous system. Coastal Engineering has noted the Zoning Table information on the site plan. The pre-existing non-conformities relate to two items; the first is the side setbacks is adjacent to the Johns Pond Estates Association beach that is a 1.3 ft. setback, and the requirement is 15 ft. and the second; there's a slight non-conformity to the front setback which is 35.5 ft.versus the 40 ft.requirement. The proposed addition will not alter or exacerbate either one of these pre-existing non- conformities. The side setback was improved from a previous deck project. The rear and other side setbacks are conforming and will remain unchanged. The side setback is 18 ft. and 49.1 ft. from the water respectively. Lot coverage is conforming at 19.9%and will remain unchanged by not altering the existing footprint. The second story addition height will increase a little less than 10 ft. to 28.2 ft. and still remains well below the maximum height requirement at 35 ft. The existing structure will increase 1 story to 2 stories as defined by code and confirmed by Coastal Engineering below the 2.5 story limitation. Ms. True provided photos of the existing home that depict the two side elevations. The basement is almost entirely below grade, and because of the slope of the land it is not a legal level. Ms. True contacted her immediate neighbors. Mr. Morris told the Board that this project required a hearing because the request is extending a pre-existing, non-conforming structure. Ms. Sangeleer read comments into the record from the Conservation Department dated June 1, 2023; "Approved this second story addition administratively...no permit required as the foundation is not being altered." Ms. Sangeleer read the comments into the record the Board of Health dated June 12, 2023; "the four bedroom house, new septic system design in Health Department under review. No Comments." Ms. True said that the current system is for 3-bedrooms, but the Board of Health had no comments for the upgrade. There were no more comments from the Board. There were no comments from the audience. WRITTEN FINDING CRITERIA ARTICLE V -Nonconforming Buildings and Uses: 2