04/24/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS WEDNESDAY, APRIL 24, 2024 MEETING MINUTES Sitting on this hearing are the four regular Board Members and Associate Member, Charlie Reidy. Mr. Cassidy represented himself for the proposal to add onto an existing front porch, and build a farmer's porch. He provided the site plans and hand-drawn building plans of the project. He mentioned that the plans were revised from 2005. He said that he installed the foundation and built the home and never noticed that it was too close to the road. When he added the garage, he didn't realize he was 40 ft. from the road. He is requesting a Written Finding. Mr. Morris said to clarify all the setbacks meet the Zoning requirements except for the setback to wetlands. Mr. Reidy read the Board of Health comments dated April 22, 2024 into the record; "Septic in back. No plumbing or habitable space in garage or above garage. No increase in bedrooms. " Mr. Reidy read the Conservation Department comments dated April 22,2024 into the record "This project was issued an order of conditions by the Conservation Commission approving the proposed farmer's porch and garage. Mitigation plantings to be provided by the property owner to address a violation of removal of 4-5 trees on the property without Concom approval (this was a separate issue from the proposal and is being complied with by the property owner). " Mr. Morris stated that this is a required egress and is allowed 4 ft. The foundation is 40 ft. 6 inches, and the design dictates the allowance for a required egress to encroach the deck 4 ft. into the front setback. Steps are exempt as indicated under Section 174-31 fn. 19 of the Zoning Bylaws,but this proposal is before the Board for setback to wetlands under Section 174-33. Mr. Goldstein noticed on the site plan that the landing in the middle of the proposed porch is existing and therefore not making this more non-conforming. Ms. Sangeleer asked for comments from the audience. There were none. Mr. Morris stated that the roof needs to maintain the 40 ft. setback. Ms. Sangeleer asked for a motion to close the public comments. Mr. Blaisdell, so moved. All were in favor to close public comments. Mr. Reidy made a motion that the Board issue a Written Finding to Owner, Donald R. Cassidy under §174-17 and §174-33 of the Zoning Bylaws to allow for an 840 sq. ft. attached two-car garage, and expansion of an existing front porch that is within the 50 ft. setback to wetlands on property located in an R-3 Zoning District,Map 125,Parcel 187,Mashpee,MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 3