07/24/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Robert M. Valletta 112 Captains Row, Map 96, Parcel 17 Mashpee, MA 02649 FINDING-2024-36 At the last hearing, the Board wanted confirmation that the height of the wall in the rear is less than 4 ft. or it would be considered a structure. The measurement was confirmed from the bottom of the footing to the top of the wall is less than 4 ft. The second item was the percent lot coverage. Mr. Healy said that the percent lot coverage calculations, 38.8% existing and 40.1% proposed, were based on the new flood plain regulations. The new calculations based on the existing 18,686 sq. ft. existing lot area is 14.2%existing, and 14.6%proposed. GENERAL FINDINGS The subject property located at 112 Captains Row has 18,686 square feet of land. There were no abutters present. The Conservation Department comments dated July 17,2024 were read into the record: "Resource Areas:Riverfront buffer zone to the Mashpee River, and buffer zone to Coastal Bank. RDA permit application for installation of a swim spa in place of existing impervious patio received a negative determination with a unanimous vote. Existing area is hardscape patio with no expansion of hardscape footprint and native plantings on the coastal bank. " There were no comments from the Board of Health. WRITTEN FINDING CRITERIA ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a Written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: 2