07/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 10, 2024 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments. Note: The Board of Health is reminding the applicant if they remove the fourth bedroom to a three bedroom, the home must remain three bedrooms, they cannot return to four bedrooms. The home must remain three bedrooms. 5. The Board finds that the proposed project under §174-17 and §174-33 is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood. Mr. Furbush second, yes, Mr. Blaisdell, yes, Mr. Goldstein, yes, Ms. Sangeleer, yes, Mr. Bonvie, yes. All were in favor to issue a Written Finding. 37 Driftwood Circle: Owners, Christopher and Maureen Kilburn request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of a three season porch to a pre-existing, nonconforming dwelling on property located in an R3 Zoning District and the Little Neck Bay Cluster Subdivision, Map 125, Parcel 197, Mashpee MA. Mr. and Mrs. Kilburn presented their application request for a Written Finding. They would like to enclose the existing deck on the rear of their home. They provided the Board with a site plan and building plans depicting the existing deck in the rear of the dwelling. The existing deck is situated 19.3 ft. from the rear yard setback where 15 ft. is required. There is no expansion of the original dwelling footprint. The Building Commissioner referred this application to the Zoning Board because the property is located in the AE-I I Flood Zone and requires relief from §174-33. Mr. Ganzemuller read the Board of Health comments dated July 8, 2024 into the record; "Porch is second means of egress to house. Cannot be used as a sleeping room. House to remain 4 bedrooms. " Mr. Ganzenmuller read the Conservation comments dated July 8, 2024 into the record; "Resource Areas:LSCSFAdministrative Approval was issued due to replacement of existing sono tubes with Big Foot footings and rebuild of existing deck in same footprint." Chairman Bonvie asked for Board questions. There were no comments from the Board or audience. Chairman Bonvie asked for a motion to close the public hearing. Mr. Furbush made a motion to close the public hearing. Ms. Sangeleer, second. All were in favor. Chairman Bonvie asked for a motion in reference to the application. 8