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

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Patrick M. O'Connor and Sharon M. O'Connor 66 Massasoit Avenue, Map 72, Parcel 30 Mashpee, MA 02649 FINDING-2023 -5 8 The proposed project that consists of a concrete paver patio area on the Massasoit Avenue side is non -conforming at 3.3 ft. and will be intensified to under I foot after constructing an enclosed structure. This area is already disturbed and will not be extending beyond what consists of concrete block pavers is not creating a condition that is substantially more detrimental to the neighborhood. The Board had a discussion regarding the existing setback of the house being 3.3 ft. which is non- conforming, but noticed a front yard setback encroachment of 0.7 ft. was a concern. The Board voted to continue the hearing and allow the applicant to provide a revised site plan to correct the encroachment. On November 8, 2023, the continued hearing was opened at which time the following members of the Board of Appeals were present and acting throughout; Acting Chair, Sharon Sangeleer, Board Members, Jonathan Furbush, William A. Blaisdell, Scott Goldstein, and Associate Member, Charles Reidy. Attorney Christopher Kirrane representing the homeowners for a Written Finding request located at 66 Massasoit Avenue. Also present was Mr. O'Connor, homeowner. At the last hearing, the Board was concerned with the original site plan of the addition that depicted a setback encroachment of .7", where the existing nonconformity depicted 3.3 ft. on Massasoit Ave. The Board noted that this will increase the existing nonconformity. The plans were revised, and the setback was improved at 3.5 ft. as proposed. Ms. Sangeleer asked if dry wells were being installed to capture the roof run off. Attorney Kirrane reviewed the site plan, and there were no drywells depicted on the plan, but the Board could condition that request if approved. GENERAL FINDINGS There were abutters present at the hearing who spoke in favor of the project. The Board read the Conservation Department comments into the record dated November 2, 2023; "The Commission approved an RDA permit application at their July 13, 2023 meeting". The Board of Health comments dated November 2, 2023 were read into the record; "To remain a 2 bedroom in a Zone II. No comment. " 2