08/09/2023 ZONING BOARD OF APPEALS Minutes (2)

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15. According to the plans filed by the Thurston,the Thurstons' proposed replacement structure at 25 Menemsha Road will be more than a single story,raised on piles above a poured slab on grade, and will have a larger footprint, and therefore larger Lot Coverage as defined by the Mashpee Zoning Bylaw. 16. The lot at 25 Menemsha Road is 9000 square feet in size and is entirely Land Subject to Coastal Storm Flowage, being either within a VE 14 or AE 12 Special Flood Hazard Zone. The lot at 25 Menemsha Road has been mapped by FEMA as entirely Land Subject to Coastal Storm Flowage since at least 1985. As such, the lot at 25 Menemsha Road is entirely within a wetland as defined under G.L.c. 131, §40, and has no buildable upland as required by Mashpee Zoning (see Mashpee Zoning Bylaw §174-31, which excludes all wetlands when calculating whether a dwelling meets or exceeds the maximum permissible lot coverage of 25%). 17. The Thurstons contend that the lot and structure at 25 Menemsha Road are a preexisting nonconforming lot and structure. See also G.L.c. 40A, §7 as to structures in existence for more than ten(10)years being deemed"legally non-conforming structures". 18. The existing structure at 25 Menemsha Road has been improved within the last ten (10)years without the benefit of permits or zoning approval. Such improvements include a new wood deck and a masonry patio on the pond side of the structure. These improvements cannot be treated as pre-existing non-conforming for purposes of Mashpee zoning. 19. From 1974 to 1981, and again from 1986 to 2010, the lot at 25 Menemsha Road was held in common ownership with the lot at 21 Menemsha Road. This is true even excluding the period from 2010 to 2015 when Albert J. Murphy owned a life estate in 25 Menemsha Road and the entirety of 21 Menemsha Road, and the period from 2015 to 2017 when 21 Menemsha - 6 - 4891-6173-5287.v1