11/13/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES November 13, 2024 NEW HEARINGS 416 Monomoscoy Road: Owners, Kirk John Franklin and Dawn Gordon Franklin, Trustees of the Seaside Realty Trust request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of an attached garage and deck to a pre-existing, nonconforming single-family structure on property located in an R-3 Zoning District, Map 124, Parcel 47, Mashpee, MA. Attorney Kirrane represented the applicants for their Written Finding request as indicated in the notice. This lot is completely within the flood zone and is nonconforming to lot size, lot coverage, and from the front yard setback which is 34.3 ft. The applicant is proposing a garage addition with a deck. The addition will not create any new nonconformities, and will not intensify the existing nonconformities other than the lot coverage. The proposed addition will be 39.3 ft. from the road which is not any closer than what exists. The percentage of the total lot area is 22,530 sq. ft. The existing coverage by structures is 7.7% and will increase to 9.8%. This addition is 472 sq. ft. increase by structures. There will be dry wells installed for storm water management and has been approved by the Conservation Commission, and is consistent with other structures in the neighborhood. Mr. Milbury read the Conservation Department comments into the record dated October 28, 2024. "Resource Areas: LSCSF & Buffer zone to Salt Marsh - NOI application was approved unanimously with the condition of a three year mitigation & monitoring contract with a certified professional and all Certificate of Compliances achieved prior to construction commencement. Installation of drywells to control roof runoff and a drain at the cobble apron and the vast amount of mitigation plantings near the salt marsh will enhance the resource areas." Mr. Milbury read the Building Commissioner's comments into the record dated October 31, 2024. "Although I will need much more information on the permit application, it seems fairly obvious that this project meets the criteria of a substantial improvement. If deemed so, a permit cannot be granted as presented because it fails to meet requirements of 780 CMR 51:00 R105.3.1.1 and R322." Mr. Milbury read the Board of Health comments into the record dated November 6, 2024. "House to remain 4 bedroom, 2 on the first floor and 2 on the second floor. 3rd floor loft not fit for habitation." 2