07/24/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS WEDNESDAY,JULY 24, 2024 Ms. Sangeleer had a question on the setback distance from the property line. Mr. Healy said the distance is 2 ft.from the property line. He said that the current wall is closer to the property line but the new wall will be moving further away from the property line. The Board asked Mr. Healy how tall is the wall. Mr. Healy believe it is 48 inches. Mr. Healy said he will comply with the Building Inspector that the wall is less than 4 ft. so it is not considered a structure. The Board asked Mr. Morris if the wall is considered a structure. Mr. Morris said that it would be 4 ft. from the footing to the top. Chairman Bonvie suggested that Mr. Healy has a conversation with Mr. Morris to confirm his calculations. Mr. Healy said that if the wall is considered a structure it's approximately 26 sq. ft. The lot coverage would increase from 14.51%to 14.505%. Mr. Moms reviewed the wall dimensions on the site plan and mentioned that the wall is 9 inch wall by 19 ft. which is less than 20 ft. It is 4 ft. from the bottom of the footing to the top of the wall. It's in the building code. Mr. Goldstein mentioned that if the wall is considered a structure it would require an inspection by the Building Commissioner, and a stamp by a structural engineer. 73 Whippoorwill Circle: Owner,Karen Ann Ciejek, Trustee of the Asti Revocable Trust requests a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of an attached garage to a pre-existing, nonconforming structure on property located in an R3 Zoning District, Map 125, Parcel 156, Mashpee, MA. Sitting on this hearing are the four regular Board members and Mr. Reidy. Attorney Christopher Kirrane represented the applicant for 73 Whippoorwill Circle. The applicant is seeking a Written Finding under §174-17 and §174-33 to construct an approximate 565 sq. ft. garage on the westerly side of the property. This property is located totally in the flood zone. For zoning purposes, the lot has zero sq. ft. which is a nonconforming condition, and 100% lot coverage. There are three other non-conformities, the setback to wetlands, the setback from the street is 29.7 ft.which is less than 40 ft.requirement, and on the westerly side of the house is only 11.3 ft. off the westerly side line which is also nonconforming condition. The garage will conform to the rear yard setback, the side yard setback, and front yard setback. This will be 17.7 ft. from the westerly side line, over 42 ft. from the rear side, and 49 ft. off of Whippoorwill Circle all which is conforming. The percentage of the total lot area shown on the plan is 16.74%. The addition of the garage will increase to 19.89% which is under the 20% maximum requirement in the R-3 Zoning District. 6