11/13/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES November 13, 2024 7. The Board finds under §174-17 and §174-33 that the proposed project is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood. Ms. Sangeleer, second, yes Mr. Goldstein, yes, Mr. Blaisdell, yes, Mr. Furbush, yes, Chairman Bonvie, yes. All were in favor to issue a Written Finding. 125 Surf Drive: Owners, Daniel G. Kirkland and Deborah A. Kirkland, Trustees of the Kirkland 2014 Family Trust request a Written Finding under §174-17 of the Zoning Bylaws to raze a single car garage, and replace it with a new two-car garage attached to an existing single-family dwelling on property located in an R-3, and Seabrook Village Cluster Subdivision, Map 102, Parcel 1, Mashpee, MA. Attorney Christopher Kirrane represented the applicants requesting a Written Finding to alter, extend, a pre-existing nonconforming structure. This is not in a flood zone, and therefore there were no comments submitted by the Conservation Department. The proposal includes a front entry way, and a two car garage that does not affect zoning. The property is located in the Seabrook Village Cluster Subdivision with the lot size 15,000 sq. ft., frontage is 75 ft., the front yard setback is 30 ft., the side yard is 15 ft., the rear yard setback is 20 ft., and a 30% maximum lot coverage. There are two nonconformities with this project. The property fronts on two streets; on Sandy Way and Surf Drive. The front yard setback is nonconforming at 22.9 ft. and nonconforming to the rear yard setback to Sandy Way at 17.8 ft. The current lot coverage is 14.1%, and the proposed lot coverage is 16.6% and well under the 30% allowed in the Seabrook Cluster. There are no new nonconformities being created however, the proposal includes to intensify the 22.9 ft. setback to 19.1 ft. so slightly over 3 ft. Given the fact this property abuts two roads and is a uniquely shaped lot. The Board has been lenient allowing to encroach slightly when a structure fronts two roads. Mr. Goldstein read the Board of Health comments dated November 6, 2024 into the record; "Change of footprint requires Title 5 inspection. Storage area above garage not fit for human habitation and is not a bedroom. Tank is 40 plus year old it should not have a hot tub on it." 6