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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> SEPTEMBER 25, 2024 <br /> Chairman Bonvie asked if a carport is considered a structure. Attorney Kirrane said; yes it is. He <br /> mentioned a case on Overlook Knoll Road that the Board approved, and was confirmed in appeals <br /> court that a carport is a structure. <br /> Mr. Morris agreed that a carport is a structure because it is attached to the house, and can have up <br /> to two enclosed walls. <br /> Chairman Bonvie mentioned that there could be case law that would argue that removing a carport <br /> and replacing it with a structure would be creating a new nonconformity. But in this case, Mr. <br /> Morris stated that the carport is a structure. <br /> Mr. Caggiano asked what will be above the garage. Attorney Kirrane said it is living space <br /> consisting of a bedroom and bathroom. There is an existing bedroom that will become a dining <br /> room. <br /> Mr. Reidy asked what the Conservation Department comments meant. Attorney Kirrane said that <br /> some projects require mitigation plantings and Conservation will require a maintenance plan. <br /> Mr. Morris mentioned that the project is in a flood zone, and he will require a stamped foundation <br /> plan when submitting the building permit showing the smart vents in the garage. He has a slight <br /> concern regarding the first floor elevation depicting 12.9 ft. The mudroom should be a couple <br /> inches from the foundation. <br /> There were no more comments from the Board. <br /> Chairman Bonvie asked for a motion to close the public hearing. Ms. Sangeleer, so moved and <br /> second. All were in favor to close the public hearing. <br /> Mr. Reidy made a motion that the Board issue a Written Finding to Owner, Charles A. Aggouras <br /> under §174-17 and §174-33 of the Zoning Bylaws to replace an existing carport with an attached <br /> garage and second story living space to a pre-existing, nonconforming single-family dwelling on <br /> property located in an R3 Zoning District, Map 105, Parcel 64, Mashpee, MA with the following <br /> conditions; <br /> 1. The Board has determined that the applicant meets all the conditions of a under Mass <br /> General Law 40A Section 6. <br /> 2. Proposed Building Improvements — 137 Summersea Road, Mashpee, MA. Prepared for: <br /> Charles Aggouras. Scale: 1" = 20', Date: 8/1/24, Prepared by: Engineering Works, Inc. <br /> Stamped and signed by: Peter McEntee, Civil Engineer No.: 35109, and Richard Hood, <br /> No.: 35031. <br /> 5 <br />