01/10/2024 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 10,2024 Mr. Blaisdell second. All were in favor to approve the Special Permit. 14 Ashumet Avenue: Owner, Joseph T. Marino requests a Written Finding under§174-17 of the Zoning Bylaws to allow for construction of a dormer over an existing garage, and a deck addition to a pre-existing nonconforming structure on property located in an R-5 Zoning District, Map 49, Parcel 104, Mashpee, MA. The Board issued an 8.6 ft. Variance in 2003 from the side lot line for the existing 24 ft. by 34 ft. garage. The subject lot is pre-existing, nonconforming consisting of 11,250 sq. ft. of land where 80,000 sq. ft. is required. The Board will determine if the proposed deck addition, and dormer alteration on the northwest corner of the existing garage will be substantially more detrimental than the existing nonconforming structure or use to the neighborhood,and that there is adequate land area to provide sufficient parking as may be required. Mr. Glenn Fazzino,a contractor represented the homeowner,Mr. Marino for the proposed project. The proposal includes a dormer addition to be constructed above the garage to accommodate a bedroom and bathroom with a small deck and a set of stairs as an egress on the back of the pre- existing garage. Mr. Reidy read the Conservation Department dated January 4, 2024 into the record; "No wetlands jurisdiction. " Mr. Reidy read the Board of Health comments dated December 28, 2023 into the record; "Plan shows habitable space above garage. Septic is builtfor 4 bedrooms this would add a S:h bedroom. BOHcannot approve.An existing floor plan will need to be submitted of the existing house. 1994 permit is for a four (4) bedroom house, 2002 garage plan shows unfinished storage space over garage. " Mr. Reidy read Catherine Laurent, DPW Director's comments dated January 8, 2024 into the record: "Ashumet Avenue is a Town road. While no modifications to the existing paved driveway are proposed, currently storm water runoff from the property flows to the road. At a minimum, I request that any approval be conditioned upon installation of gutters, downspouts, and drywells on the garage to address the roof runoff. " Mr. Reidy read Evan Lehrer's comments dated January 5, 2024 into the record, "The Planning Department suggests that the proposed continuance, extension or alterations proposed would not be substantially more detrimental to the neighborhood than existed previously and that the Board can grant a written finding. If any bedroom is to be added above the garage then the septic system must be upgraded at the appropriate time. " Mr. Morris had concerns regarding the second egress, and the bedroom count. He asked Mr. Fazzino to address the issue. The only way to exit the house is through the bathroom. Mr. Fazzino said he can add a door next to the bathroom. Mr. Morris said that there cannot be a kitchen or it would be considered an ADU. Mr. Fazzino mentioned that there are only two bedrooms in the house. He said that the house was assessed. 10