05/22/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS MAY 22, 2024 37 Nick Trail: Owners, Brian J. and Karen F. Kelleher request a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of two second floor dormers to a pre-existing, non- conforming single-family dwelling on property located in the R-3 Zoning District, and Popponesset Overlay District, Map 117, Parcel 300, Mashpee, MA. Sitting on this hearing are Mr. Goldstein, Mr. Ganzenmuller, Ms. Sangeleer, and Mr. Bonvie. Mr. Furbush recused himself from this hearing. Attorney Christopher Kirrane represents the homeowners for this application for a Written Finding under§174-17 and§174-33 to add two second floor dormers to the existing dwelling.This property is non-conforming as to lot area. The lot is completely within the flood zone which means the lot coverage is 100%. The lot is non-conforming as to setback from wetlands. The front yard setback to Nick Trail is non-conforming, and the front yard setback to Uncle Henry's Road is non- conforming. The proposal is similar to property at 112 Waterline for two second floor dormers which will not impact any of the setbacks or lot coverage. They are totally within the existing structure which is pre-existing. Mr. Ganzenmuller read the Conservation Department comments into the record; "This project was provided administrative approval by Conservation staff on March 13", 2024 as it was deemed to not result in any adverse impacts to the 100 yearfoodplain. Conditions of admin approval include restoration of any altered areas (from construction impacts/usage of'equipment/staging, etc.) to previous existing conditions and providing of written notice to the conservation department of work commencement and completion. " Mr. Ganzenmuller read the Board of Health comments into the record; "To remain a 3-bedroom home". Mr. Goldstein stated that the plans look great reflecting the bedrooms and open areas. There were no other comments from the Board. Mr. Morris had no comments. Ms. Sangeleer made a motion to close the public hearing. Mr. Ganzenmuller second. All were in favor. Mr. Ganzenmuller made a motion that the Board issue a Written Finding to Owners, Brian J. and Karen F. Kelleher under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of two second floor dormers to a pre-existing, non-conforming single-family dwelling on property located in the R-3 Zoning District, and Popponesset Overlay District, Map 117, Parcel 300, Mashpee, MA with the following conditions: 12