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

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Gary J. Nagle and Denise M.Nagle 31 Birch Way, Map 27, Parcel 86 Mashpee, MA 02649 FINDING-2023-64 The Board also requested documentation of the drainage calculations of the drywells which is the method of capturing storm water runoff. The only foot print change being proposed is on the left side of the building that is currently a paver walkway. The homeowner would like to have a covered roof deck at the front door. The proposed porch area depicts the 12.3 ft. setback will remain the same. The proposed lot coverage is 17.4%, and is well under the 20%requirement. GENERAL FINDINGS The subject property located at 31 Birch Way has 18,397 sq. ft. of land. There is 17,980 sq. ft. of upland, and 417 sq. ft. of wetland area. The Board read the Board of Health comments dated November 27, 2023 into the record; "To remain three bedrooms. " The Conservation Department comments dated January 4, 2024 read into the record; "The project was issued an order of conditions, no issues or impacts to the inland bank. "The DPW Director comments dated November 29,2023 read into the record; "Conditioned to install gutters, downspouts, and drywells on the new garage and porch to address the roof water runoff. " The Town Planner comments dated January 5, 2024 read into the record; "I have notified the applicant that I missed a critical detail in my first review of this Plan. While the applicant correctly and satisfactorily addressed all of the comments submitted at the opening of the public hearing, I noted in my review of the revised Plan that in addition to the Bordering Vegetated Wetland (BVW) on the site there is also a significant portion that is Inland Bank. The portion of the lot that is Inland Bank may need to also be considered in the lot coverage calculation. " 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 with the provisions of this chapter. Nan-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. 2