03/27/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 27, 2024 Mr. Reidy read an email submitted by the applicant dated March 25, 2024 into the record confirming that the site plan was corrected by the surveyor. Mr. Reidy read the Board of Health comments dated March 25, 2024 into the record; "Sunroom is not habitable for sleeping, house to remain 3 bedroom. Plot plan does show a garage with driveway over leaching field, leaching field is H-10 loading and not structurally designed for vehicle traffic over it. " Mr. Goldstein read the Conservation Department comments dated March 22, 204 into the record; "Proposed project not within wetland jurisdiction. " Mr. Reidy read the Town Planner's comments dated March 26,2024 into the record; "The subject property is improved with a lawful pre-existing nonconforming single-family dwelling off Magnolia Lane along the southwestern shores ofMashpee-Wakeby. The lot contains 28,143 s.f of upland area where 80,000 sf is required. The plan shows an existing side yard setback nonconformity along the westerly lot line created by the existing wood deck which is constructed 10.9'from the side lot line. The principal dwelling front yard setback is also nonconforming with the plan showing 38 feet from the front lot line to the corner of the existing porch where 40' is required. Lot coverage is currently 5.9%where 20% is the maximum. " "The applicant proposes a modest sun-room addition to the rear of the home totaling a bit more than 144 square feet. The addition will be setback 11.9 feet from the side property line which is less than the 15' required but more than the 10.9 foot pre-existing nonconforming setback from side lot line to existing wood deck. In addition to the sunroom the applicant proposes a 24 ft. x 25.3 ft. detached garage (607.2 sq.ft.). All setbacks are met for the proposed garage. " Please consider in your deliberations the following pre-existing nonconformities: 1. Minimum Lot Area 2. Frontage 3. Side Yard Setback(westerly) 4. Front Yard setback Recommendation: 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. The plan shows a potential vernal pool off of the property to the south. Please ensure conservation is satisfied with regard to any potential impacts to the potential vernal pool. " The Board confirmed that there were no issues with the Conservation Department. Chairman Bonvie asked about Mr. Aries if the garage noted on the site plan was included with this project. Mr. Aries stated that the garage is not included with this project, only the three season porch. 6