09/27/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Stanislav Berdichevsky and Irina Berdichevsky 9 Running Light Way, Map 111, Parcel 65 Mashpee, MA 02649 FINDING-2023-53 The existing lot coverage is 19.9%and removing the deck and shed the lot coverage will decrease to 19.7%. There are no new non-conformities being created. Mr. Furbush asked if the spa was being removed. Attorney Kirrane believes that it will remain. Mr. Morris said that the spa is considered a structure, and if it is 120 sq. ft. or under it would have to be setback 5 ft. from the property line similar to a shed, and is included in lot coverage. Mr. Reidy read the Board of Health comments into the record dated September 19, 2023; "To remain 3 bedrooms, title 5 inspection required for change in footprint", and the Conservation Department comments; "Not in wetlands jurisdiction. " Chairman Bonvie noticed that there is a fence located in the rear of the property extending onto the abutting property. He asked the Board for their comments. Mr. Furbush said that a letter from New Seabury be submitted,or the homeowner's remove the fence. Attorney Kirrane will accept a condition to remove the fence from the reserve area,or a letter from New Seabury that there are no issues if the Board approves the project. Mr. Morris does not have any issues. Mr. Ganzenmuller asked if the house was one story. Attorney Kirrane said yes. The house was built in 1966, and is one story. GENERAL FINDINGS The subject property located at 9 Running Light Way contains a total of 12,824 sq. ft. of land. There were no abutters present. The Board of Health comments were read into the record dated September 19, 2023; "To remain 3 bedrooms, Title 5 inspection required for change in footprint", and the Conservation Department comments; "Not in wetlands jurisdiction. " 2