02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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50. Based upon the Bylaw definitions above,the unenclosed carport is not a dwelling or portion thereof that can be used to qualify as an extension, alteration or reconstruction of a dwelling or accessory building under the Raze and Replace Bylaw or a means by which to encroach into the25 foot setback of Seaview Avenue with greater intensity. 5.1. While carports may be accessory uses as defined in the Zoning Bylaw, an accessory use cannot be transformed into a portion of a dwelling unless the accessory use is in an accessory building.As stated above,the carport is not an accessory building or dwelling under the Bylaw.. 52. The Defendants are attempting to transform a carport serving an accessory use(an area used to shelterstorage items, including kayaks and rubbish bins from the elements)into an accessory building without meeting the Bylaw definition of a"building. 53. This type of change, extension, or alteration of the-dwelling,therefore,must comply with the existing dimensional setback requirements including the 25' setback from Seaview Avenue or obtain a Variance.Any new encroachment in the dwelling's setback of 25' feet from Seaview Avenue requires.a Variance. S4. The Mashpee Zoning Bylaw §174-28(A)provides that"[n]o building or structure shall be built,nor shall any.existing structure be enlarged'or altered except in conformance with the regulations of this Zoning Bylaw as to lot coverage,lot area,land area per dwelling unit,lot width, front,side and rear yards and maximum height of structure in the several districts as set forth below except as may otherwise be provided elsewhere in the Zoning Bylaw." 55. The Defendant Mashpee ZBA also erred in finding that this Petition would not be substantially more detrimental to the neighborhood than the existing nonconforming structure because it allows the Defendants`Naddaff to make significant structural: I 10