12/13/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 13, 2023 7. New construction will comply with more current building code criteria. 8. An updated IA septic system is being proposed. 9. There are no new non -conformities being created. 10. Lot coverage will be under the maximum allowed of 20%. 11. The project has been approved by the Conservation Commission. 12. Drywells are proposed to capture on -site storm water, 13. The proposal is consistent with redevelopment in the neighborhood. Mr. Ganzenmuller, second Mr. Reidy, yes, Mr. Pittsley, yes, Mr. Furbush, yes, Mr. Bonvie, yes. All were in favor to issue a Special Permit. NEW HEARINGS 31 Birch Wad Owners, Gary J. and Denise M. Nagle, request a Written Finding under § 174-17 of the Zoning Bylaws to allow for reconstruction of an existing garage, and porch addition to a pre-existing, nonconforming structure on property located in an R-5 Zoning District, Map 27 Parcel 86, Mashpee, MA. The subject property has the following pre-existing nonconformities: minimum lot area, minimum side yard setback, and setback to water and wetlands. The Board will determine whether or not the proposed garage reconstruction and porch addition will be substantially more detrimental to the neighborhood as required prior to taking any action on the request for a Written Finding. The subject lot size is 18,397 sq. ft. where 80,000 sq. ft. is required. The southwestern corner of the subject property is 12.3 ft. from the side lot line where 15 ft. is required, and the northeastern corner is 14.6 ft. from the side lot line. Additionally the existing deck is built within the 50 ft. buffer to water and wetlands. The applicant does not propose any increases to the existing nonconformities on the subject property. Mr. Mike Cannata represented the homeowners for the reconstruction of an existing garage and porch addition. The existing dwelling is pre-existing nonconforming, and there are no new nonconformities being created. The house was built back in the 70's and the garage and breezeway section was built on stumps, and thirty years later the stumps underneath have rotted and is unstable. The reconstruction consists of removing the garage and breezeway section and excavate out all the old wood pulp, refill and hard pack the area, bring back the garage and breezeway back in the same area. The only foot print change being proposed is on the left side of the building that is currently a paver walkway.