12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Kevin Mulgrew and Suzanne C. Mulgrew Trustees of the 33 Sunset Circle Realty Trust 33 Sunset Circle, Map 64, Parcel 28 Mashpee, MA 02649 FINDING-2023-65 The Town Planner's comments dated January 18, 2024 were read into the record; "This revision satisfies my concern. The plan accurately reflects the lot's area as required by the zoning bylaw. This revision shows the total amount of Bordering Vegetated Wetland on the subject parcel totaling 2,499 sq.ft. The plan subtracts that area from the total lot area including upland and wetland. Lot coverage is then accurately calculated in both the existing conditions plan and the proposed improvements: Existing is shown as 2,636116,141 = 16.3% Proposed is shown as 2,834116,141 = 17.6% The math checks out and we can definitively determine that lot coverage is conforming to the bylaw today and that the improvements do not create a nonconforming condition. I am satisfied and recommend approval. " The subject property located at 33 Sunset Circle contains a total of 18,640 sq. ft. of land There were no abutters present. WRITTEN FINDING CRITERIA ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming to the provisions of this chapter. Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 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. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a Written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, • and, that there is adequate land area to provide sufficient parking and setbacks as may be required. 3