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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> November 13, 2024 <br /> Mr. Furbush asked for an explanation regarding the Building Commissioner's <br /> comments. Mr. Morris stated that it's the definition of the "50% rule" under the <br /> building code. Mr. Morris noticed a possible new nonconformity on the site plan. <br /> He reviewed the measurement depicting 39.3 ft. setback to the proposed <br /> addition, but the 34.3 ft. is exempt from the setback and should be set to the <br /> corner of the existing house, not to the concrete wall, and could be 40 ft. He <br /> needs more information. <br /> Chairman Bonvie is concerned that the improvement value may be in excess of <br /> 50% of the existing building. The whole house would have to comply. He stated <br /> that any changes to the plan would require the applicant to return to the Board. <br /> Attorney Kirrane stated that the Board should not be concerned with the <br /> Building Commissioner's comments. The client would have to provide Mr. Morris <br /> with the appraised value, and the construction cost. <br /> Mr. Morris stated that the stairs are exempt from zoning. The platform itself can <br /> be extended to 4 ft. into the setbacks. <br /> Chairman Bonvie asked the audience for questions. Ms. Dawn Franklin, the <br /> homeowner explained to the Board that the project is a modest addition to <br /> accommodate her growing family. <br /> Chairman Bonvie stated as one member, he is not against the application but <br /> needs more information to determine if there is a new nonconformity being <br /> created. Mr. Blaisdell, Mr. Furbush, and Mr. Goldstein all agreed. <br /> Attorney Kirrane requested an extension until December 11, 2024. Chairman <br /> Bonvie asked for a motion to accept the Attorney's request. Mr. Blaisdell, so <br /> moved. Mr. Furbush second. All were in favor. <br /> 80 Whippoorwill Circle: Owner, Stanley M. Hargus, Trustee of the Stanley M. <br /> Hargus 2004 Trust requests a Written Finding under §174-17 and §174-33 of <br /> the Zoning Bylaws to allow to lift a pre-existing, nonconforming single-family <br /> dwelling onto a FEMA compliant foundation in the same footprint, add an <br /> attached garage, and an addition on piers on property located in an R-3 Zoning <br /> District, Map 125, Parcel 185, Mashpee, MA. <br /> 3 <br />