12/13/2023 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 13, 2023 Mr. Bonvie considered the comment provided by Mr. Lehrer's recommendation to be "mindful of a potential lot coverage nonconformity..." Mr. Bonvie asked Mr. Cannata if the engineer calculated the 17.4% lot coverage by removing the land toward the wetlands that Conservation has jurisdiction over. Mr. Cannata said that the engineer removed the BV W and said it would be 17.8% lot coverage which is still under the 20% requirement. Mr. Bonvie explained that the Board not has to take into consideration the percent lot coverage to be calculated within any wetland that Conservation has jurisdiction over. The Board had a discussion and decided that the hearing should be continued and that the applicant provide a revised plan depicting the correct calculations pertaining to the percent lot coverage of the wetlands, and dry wells for the garage. Mr. Cannata asked for an extension to the next meeting. Mr. Bonvie asked for a motion. Mr. Reidy moved to accept the continuance until January 10, 2024 for the submission of a revised plan and hearing before the Board. Mr. Ganzenmuller second. All were in favor to accept the continuance until January 10, 2024. 33 Sunset Circle: Owners, Kevin and Suzanne C. Mulgrew, Trustees of the 33 Sunset Circle Realty Trust request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction and extension of an existing deck to a pre-existing, nonconforming structure on property located in an R-5 Zoning District, Map 64 Parcel 28, Mashpee, MA. The subject property has the following pre-existing nonconformities: minimum lot area and setback to water and wetlands. The Board will determine whether or not the proposed deck extension will be substantially more detrimental to the neighborhood as required prior to taking action on the request for a Written Finding. The subject lot size is 18,640 sq. ft. where 80,000 sq. ft. is required. The existing structure is more or less bisected by the 50 ft. buffer line from water and wetlands, and the entire deck proposed to be rebuilt is totally within the 50 ft. setback to water and wetlands. The applicant proposes to add 686 sq. ft. to the overall deck area increasing the nonconforming nature of the setback to water and wetlands by 6 ft. Additionally, the applicant proposes to add an additional 80 sq. ft. of deck area to the northerly side within the setback to water and wetlands. Mr. Alex Lebedev, Contractor represented the homeowners requesting reconstruction and extension of an existing deck that is in poor condition and is unsafe. The existing deck is 10 ft. wide, and will be extended to 16 ft. by 16 ft. which is 6 ft. toward the wetlands. The Conservation Commission did approve the project. The existing sono tubes will remain with two additional. The lot coverage is well under the 20% at 14.8%. Mr. Reidy read the Conservation Department comments dated December 8, 2023 into the record; NDI application was approved unanimously by the Commission with the condition of a drywells installed and diamond pier footing for deck footings on the inland bank. Mr. Reidy read the Board of Health comments dated November 7, 2023; No Habitable Space No Comment.