01/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 10,2024 Mr. Morris had no issues. There were no comments from the audience. Mr. Lebedev mentioned that the lot coverage is under the 20%requirement. Mr.Bonvie stated that he does not feel comfortable moving forward until he hears back from Mr. Lehrer regarding the revised plan that was submitted at the meeting. Mr. Reidy made a motion that the Board accept the applicant's request to continue the hearing until'Wednesday, January 24, 2024. Ms. Sangeleer second. All were in favor. 18 Neshobe Road: Owner, Illy I. Ilin requests a Written Finding under §174-17 of the Zoning Bylaws to allow for a 360 sq. ft. addition to a pre-existing, nonconforming structure on property located in an R-3 Zoning District, Map 125, Parcel 105, Mashpee, MA. The subject property has the following nonconformities: minimum lot size and setback to water and wetlands. The lot totals 11,550 sq. ft. (inclusive of water and wetlands), where 40,000 sq. ft. is required. A portion of the existing deck located in the southeast corner is within the 50 ft. setback from water and wetlands. The Board will determine if the proposed addition is or is not substantially more detrimental to the neighborhood than the existing structure. Sitting on this hearing are the four regular Board members, and Associate Member, George Ganzenmuller. Mr. Ilya Ilin represented himself for the proposed project. He is the owner of the property and would like to extend the living area of the existing dwelling. He stated that the surveyor indicated that the whole lot is entirely in the flood zone which is 100% lot coverage. The plan depicts the existing lot coverage of 11.47%, and proposed is 13.07%. The new construction will be built on a poured foundation. Mr. Ilin stated that the plan dated September 30, 2023 is valid as submitted. Mr. Bonvie stated that his plan is incorrect because it does not indicate the percentage of the existing or proposed structure coverage if in fact the entire lot is in entirely in the flood zone. The Board cannot determine if the surveyor's plan is correct or incorrect. Mr. Reidy read the Board of Health comments dated December 12, 2023 into the record; "No increase inflow, no new bedrooms.", and the Conservation Department comments dated January 4, 2024 into the record. "This project was issued a Negative Determination by the Conservation Commission, which means it has negligible impacts on any wetland values, thus it does not need conditioning under the wetlands protection act and may proceed without any additional permitting or oversite of the Conservation Commission. " Mr. Reidy read the letter from Mr. John Doyle, Surveyor(no date). "Dear M. Chairperson, I have performed land survey work and prepared a plot plan for Mr. Ilia Rin of 18 Neshobe Road in Afashpee for the purposes of obtaining a permit to construct an addition to the existing dwelling. As a result of my survey and calculations I have found that the subject property is entirely within the hazardous Flood Zone AE 12, and therefore the existing dwelling and the proposed addition do and shall be 100% in this hazard zone. The FEMA reference map for this area is No. 25001C0761J with an effective date of 7-16-14. Please feel free to contact me with any further questions and thank you for your attention in this matter. " 5