02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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69. Plaintiffs seek a declaration that the carport is not a dwelling,it is an accessory use. 70. Plaintiffs seek a declaration that the carport is not an accessory building because it unenclosed and has no foundation. 71. Plaintiffs seek a declaration that no portion of the carport can be transformed into any, portion of the reconstructed dwelling unless it meets the dimensional side yard setback of 15 feet and front yard setback of 25 feet from Seaview Avenue. 72. Plaintiffs seek a declaration that the Bylaw and the statute require a finding that the alteration, expansion and reconstruction of the nonconforming structure is not substantially more detrimental to the neighborhood under M.G.L. c.40A, §9 and§174-17.1 and that such finding was.omitted. Plaintiffs seek a declaration,that no such finding could be made under the instant case. 73. The Mashpee Zoning Bylaw, §174-31 Land Space Requirements Table provides that in an R-3 (Residential)Zoning District the Maximum of Lot Coverage(percent)20% and is subject to footnote 16. (See Exhibit"C")Footnote 16 reads as follows: "Any water or wetland, as defined under M.G.L. x131; §40, any existing or proposed street or any roadway, right of way or easement twenty(20) feet or more in width may not be counted toward lot size for the purposes of calculating maximum lot coverage. For lots in any cluster subdivision, maximum lot coverage shall be thirty percent. For single-family residential lots not in a cluster subdivision, but having ten thousand (10,000) square feet or less of lot size, maximum lot coverage shall.be twenty five(25%) (percent). 74.. The Mashpee Zoning Bylaw,.§174-31 Land Space Requirements;footnote 18 states as follows: maximum height within the Popponesset Overly District shall be thirty (30) feet, subject to the provisions of Footnote 4 of this table: Minimum lot size shall be sig thousand (6000') square feet; minimum frontage sixty(60') feet minimum set backs 25 feet front 13