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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners, Donald R. Cassidy and Macrina M. Cassidy Trustees of <br /> The Donald R. Cassidy Revocable Trust <br /> 21 Debbie Lane (Map 125, Parcel 187) <br /> Mashpee, MA 02649 <br /> FINDING-2024-18 <br /> GENERAL FINDINGS <br /> The subject property located 21 Debbie Lane has 13,685 square feet of land. <br /> There were no abutters present. <br /> The Board of Health comments dated April 22, 2024 were read into the record; "Septic in back. <br /> No plumbing or habitable space in garage or above garage. No increase in bedrooms. " <br /> The Conservation Department comments dated April 22, 2024 were read into the record "This <br /> project was issued an order of conditions by the Conservation Commission approving the <br /> proposed farmer's porch and garage. Mitigation plantings to be provided by the property owner <br /> to address a violation of removal of 4-5 trees on the property without Concom approval (this was <br /> a separate issue from the proposal and is being complied with by the property owner). " <br /> Mr. Morris stated that this is a required egress and is allowed 4 ft. The foundation is 40 ft. 6 inches, <br /> and the design dictates the allowance for a required egress to encroach the deck 4 ft. into the front <br /> setback. Steps are exempt as indicated under Section 174-31 fn. 19 of the Zoning Bylaws, but this <br /> proposal is before the Board for setback to wetlands under Section 174-33. <br /> Mr. Goldstein noticed on the site plan that the landing in the middle of the proposed porch is <br /> existing and therefore not making this more non-conforming. <br /> Mr. Morris stated that the roof needs to maintain the 40 ft. setback. <br /> There were no more comments from the Board. <br /> WRITTEN FINDING CRITERIA <br /> ARTICLE V -Nonconforming Buildings and Uses: <br /> §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be <br /> continued, although not conforming with the provisions of this chapter. Non-conforming single- <br /> or two-family dwelling structures may be changed, extended or altered if such change, extension <br /> or alteration complies with the dimensional requirements applicable to the lot under current <br /> provisions of§174-31 or, for lots which have been developed pursuant to §174-21, complies with <br /> such requirements as were applicable to initial construction of the dwelling under provisions of <br /> §174-21. <br /> 2 <br />