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

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners,Michael J. Degnan and Jennifer L. Degnan 23 Pembroke Drive (Map 123 Parcel 55) Mashpee, MA 02649 FINDING-2023-36 The Board determined that: 1. The proposal will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. The proposal will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 3. The proposed additions, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues,regulations, bylaws and plans, complies with the dimensional requirements applicable to the lot under current provisions of§174-31 (Land Space Requirements Table Footnotes) 418 of the Popponesset Overly District, or for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21 Nonconforming lots. 4. Construction of the dwelling is contingent upon Board of Health final approval. 5. Construction of the dwelling will conform to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. SPECIFIC FINDINGS In view of the foregoing,the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, July 12, 2023, the Zoning Board of Appeals voted unanimously to issue a Written Finding to Owners,Michael J. and Jennifer L. Degnan under §174-17 of the Zoning Bylaws to allow for deck additions, alterations, extensions to a pre-existing,non-conforming single family dwelling on property located in the R- 3 Zoning District and the Popponesset Overlay District, at 23 Pembroke Drive, Map 123 Parcel 55, 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. 2. Site Plan—Prepared For: Michael J. & Jennifer L. Degnan, 23 Pembroke Dr., Mashpee, MA. Sheet No.: 1 of 1, Date: August 29, 2022, Drawn by: JVB/WNH, Check by: MC, Prepared by: Cape &Islands Engineering, Drawing Title: Proposed Site Plan,Revisions: 2/14/23 Correction to building height in Mashpee Zoning Table, 10/14/22 Remove Proposed Rinse Station Reconstruction. Stamped and signed by: Raul Lizardi-Rivera, Civil No.: 46845, and Matthew C. Costa,No.: 52282 Professional Land Surveyor. 4