01/10/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Ilya I. Ilin 18 Neshobe Road, Map 125, Parcel 105 Mashpee, MA 02649 FINDING-2024-01 GENERAL FINDINGS The subject property located 18 Neshobe Road has approximately 11,500 square feet of land and has the following nonconformities: minimum lot size and setback to water and wetlands. The lot totals 11,550 sq. ft. (inclusive of water and wetlands), where 40,000 sq. ft. is required. A portion of the existing deck located in the southeast corner is within the 50 ft. setback from water and wetlands. The Board will determine if the proposed addition is or is not substantially more detrimental to the neighborhood than the existing structure. The Board read the Conservation Agent comments dated February 26,2024 into the record;"There are no other requirements from Concom. The applicant has received a negative determination (aka an approval) on the proposed project and is thus good to go from Concom's perspective. " The Board of Health comments dated December 12,2023 were read into the record; "No increase inflow, no new bedrooms." The Board read a letter from Mr. John Doyle, Surveyor dated January 5, 2024 into the record. "Dear M. Chairperson, I have performed land survey work and prepared a plot plan for Mr. Ilia Ilin of 18 Neshobe Road in Mashpee for the purposes of obtaining a permit to construct an addition to the existing dwelling. As a result of my survey and calculations I have found that the subject property is entirely within the hazardous Flood Zone AE 12, and therefore the existing dwelling and the proposed addition do and shall be 100% in this hazard zone. The FEIVIA reference map for this area is No. 25001 C0761J with an effective date of 7-16-14. Please feel free to contact me with any further questions and thank you for your attention in this matter. " Mr. Morris, Building Commissioner stated that the addition is not a substantial improvement and he could issue a building permit. He would just require an engineered stamped foundation plan. There were no abutters present. WRITTEN FINDING CRITERIA ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. 2