06/28/2023 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Jay C. Willadsen and Kristy M. Willadsen 17 Bowsprit Point, Map 105 Parcel 228 Mashpee, MA 02649 FINDING-2023-37 C. Adding a first-floor deck to the rear(northeast side) of the house. D. Moving the existing deck stairs to the east side of the house. E. Expanding the second floor living space at the rear of the property over the footprint of the existing deck. Attorney Kirrane stated for the record that this project is not creating any new non-conformities, and not intensifying any non-conformities except for the lot coverage. The front yard setback is not changing, the rear yard setback is not changing, and the side yard setbacks are not changing. The northerly side will become 17.7 ft. but is still a conforming condition. The lot coverage is increasing from 17.8%to 19.98%,but is still under the 25% for lots under 10,000 sq. ft. Chairman Furbush asked if the distance from wetlands is remaining the same. Attorney Kirrane said yes. Attorney Kirrane mentioned that this project was approved by the Conservation Commission. GENERAL FINDINGS The subject property located at 17 Bowsprit Point contains a total of 9,200 sq. ft. of land. For purposes of calculating minimum lot size under §174-31 fn. 16, the lot is under 10,000 sq. ft. Mr. Reidy read the Daniel Kent,Assistant Conservation Agent comments dated June 26,2023 into the record; "Commission approved addition to front of dwelling, rebuilt of rear deck as well invasive control and mitigation in resource area. " Mr. Reidy read the Board of Health comments dated June 28, 2023 into the record. "3 bedroom house, No comment. " Chairman Furbush asked what the invasive control meant. Mr. Dibb said that the frag mites are an invasive species, and will be managed. WRITTEN FINDING CRITERIA ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter.Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 or,for lots which have been developed pursuant to§174-21,complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. 2