10/11/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Gina Girard (flk/a Gina Devlin) 20 Oneida Avenue, Map 65 Parcel 48 Mashpee, MA 02649 FINDING-2023-57 GENERAL FINDINGS The Conservation Department comments dated October 2, 2023 into the record; "A portion of this property lies within 100 feet of the top of inland bank associated with Cataquin Pond. " An email from Dan Kent, Assistant Conservation Agent dated October 2, 2023 into the record; "At this time the project is outside the 100' buffer zone not within wetlands jurisdiction and no permit from Conservation is required. Effective October 20`h the 150' buffer zone will be active and a permit will need to be applied far. " The Board of Health comments were read into the record; "No increase inflow, no comments. " The subject property located at 20 Oneida Avenue has 20,256 square feet of land. There were no abutters present. SPECIFIC FINDINGS The Board determined that: 1. The proposal will not be substantially more detrimental than the existing non -conforming structure or use to the neighborhood. The lot is odd shaped and fronts two streets. 2. The proposal will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. The lot size, lot coverage and setbacks are lawful pre-existing non -conformities. 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.