07/12/2023 ZONING BOARD OF APPEALS Minutes (2)

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners,Mark R. Galante and Robin L. Galante 164 Captains Row, Map 96 Parcel 28 Mashpee, MA 02649 FINDING-2023-40 The new plan depicts "former bedroom". There is no increase in bedroom count, and will remain at 3 bedrooms. Attorney Kirrane reached out to the Health Agent, and will remove that notation when the final plan is submitted. The site plan is correct,but the notation should be removed prior to a building permit being issued. Mr. Reidy read the Board of Health comments dated July 25, 2023; "Permit is need for Septic Tank and Distribution Box replacement. Leaching is approved for three bedrooms per 2005 septic repair permit and new plans show only 2 bedrooms. " Attorney Kirrane continued his presentation stating that the structure itself is not conforming in three areas. The lot is totally in the flood zone, and is non-conforming as to lot coverage at 100%, and non-conforming setbacks to wetlands at zero, and the northern boundary sideline setback is non-conforming at 12.9 ft. The addition itself will become completely conforming to current zoning. The highlighted plan of the addition will meet the side yard setback and the front yard setback.There are no new non-conformities being created.There are no intensities of existing non- conformities other than lot coverage. The structure coverage is 14.9% and will become 18.1% which is under the 20%requirement considering the lot is zero. The actual size of the lot is 15,520 sq. ft. The Board had a discussion and would agree to a condition based on a revised comment from the Board of Health Agent. Chairman Bonvie would like a condition that a new set of plans be submitted prior to the issuance of a building permit,or application of a building permit to be signed off by the Chair,and that plan will clearly depict the bedroom stricken of the notation "former bedroom" and will remain a bedroom. Ms. Sangeleer read the Conservation Comments dated July 24,2023 into the record, "This project has been issued an order of conditions from the Conservation Commission. " Ms. Sangeleer read the Board of Health Agent comments dated July 26, 2023; "Yes,the septic is for 3 bedrooms, I would have that corrected on the final plans if it's going to remain a bedroom and not a former bedroom. This way in the future if they do renovations there isn't any confusion on what bedrooms are there. " GENERAL FINDINGS The subject property located at 164 Captains Row contains a total of 15,520 sq. ft. of land. There was one abutter present who had concerns with the location of the mechanical equipment. 2