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 the Conservation Department comments into the record dated March 22, 2024; "Resource Areas: Buffer Zone to Coastal Bank & Buffer Zone to LSCSF. Second floor addition to existing dwelling was issued Administrative Approval as plan show no increase in footprint and existing dwelling will not be demolished. Onsite inspection with agent before project begins and after project is complete with limit of work in place until construction activity is completed. " Mr. Reidy read the Town Planner comments dated March 26, 2024 into the record: "The subject property is improved with a lawful pre-existing nonconforming single-family dwelling off Seconsett Island Road. The lot is undersized and totals 4,316 sq.feet where 40,000 square feet is required. The existing lot coverage is nonconforming at 26.8%. Additionally, the front, side and rear setbacks are also pre-existing nonconforming. The applicant does not propose any alterations of those pre-existing nonconformities and the setbacks as shown on the plan, as well as the lot coverage by structures, would not be altered by the proposed project. The project is limited to a 2nd floor addition with no impact on the lot coverage. " Please consider in your deliberations the following pre-existing nonconformities: 1. Minimum Lot Area 2. Frontage 3. Side Yard Setback(all of them) 4. Front Yard setback 5. Rear yard setback 6. Lot Coverage "The Planning Department suggests that the proposed continuance, extension or alterations per would not be substantially more detrimental to the neighborhood than existed previously and that the Board can grant a written finding so long as the building height does not exceed 35' and is not more than 2.5 stories." Chairman Bonvie asked the Board if there were any comments or questions. There were no comments from the Board or audience, and no comments from Mr. Morris, Building Commissioner. Chairman Bonvie asked for a motion to close the public hearing. Mr. Reidy, so moved. Ms. Sangeleer seconded. Mr. Bonvie asked for a motion in reference to the application. Mr. Reidy made a motion that the Board issue a Written Finding to Owner, Stephen Devlin under §174-17 of the Zoning Bylaws to allow for a 14 ft. x 23 ft. addition to the second floor of a pre- existing,non-conforming dwelling on property located in an R-3 Zoning District,Map 119,Parcel 6, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 4