07/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 10, 2024 The frontage is conforming from both Nehoiden and Great Oak Road. The front setbacks are nonconforming: the house is setback 37.3 ft. from Nehoiden Road, and 29.3 ft. from the edge of Great Oak Road. The lawfully pre-existing detached garage is located 1.5 ft. from the easterly property line. The rear setbacks from the house to the northerly lot line conforms, however, the garage is currently 13.6 ft. from the lot line where 15 ft. is required. Lot coverage by structures currently totals 15%. Lot coverage is proposed to increase to 16% and is under the 20% requirement. The proposal consists of an alteration to the nonconforming detached garage to accommodate an Accessory Apartment or ADU above the garage. This would involve the addition of dormers and two means of egress from the upper level on both the northerly and easterly sides. The addition of these egress stairs will increase the side setback nonconformity. The proposal includes construction of stairs to the rear of the garage that will sit 7.3 ft. to the property line and the stairs along the easterly lot line will be 0.2 ft. from the property line. The septic system was upgraded, and the leaching facility will accommodate the proposed unit. There are no new nonconformities being created, and the proposed alterations will not be substantially more detrimental to the neighborhood than what currently exists. Mr. Ganzenmuller read the Board of Health comments dated July 8, 2024 into the record; "Septic Designed and Installed to comply with Y" bedroom above garage." Mr. Ganzenmuller read the Conservation Department comments dated July 8, 2024 into the record; "Resource Areas: LSCSF. Property was issued Letter of Map Amendment (LOMA) from FEMA bringing the lot out of LSCSF." There were no comments issued from the Building Department. There were no comments from the audience. Chairman Bonvie commented that the applicant will have to satisfy the Building Commissioner when he applies for a building permit. Chairman Bonvie asked for a motion to close the public hearing. Mr. Furbush so moved. Ms. Sangeleer, second. All were in favor. Mr. Bonvie asked the applicant if he was staying within the same footprint and not creating any new nonconformities. Mr. Seymour said he is staying in the same footprint. Mr. Goldstein made a motion that the Board issue a Written Finding to Owners, Gerald C. and Linda V. Seymour request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for alteration, and extension to a pre-existing, nonconforming detached garage on property located in an R-3 Zoning District, at 1 Nehoiden Road, Map 125, Parcel 108, 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. 10