07/24/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Karen Ann Ciejek, Trustee of the Asti Revocable Trust 73 Whippoorwill Circle, Map 125, Parcel 156 Mashpee, MA 02649 FINDING-2024-37 The overall net increase of lot coverage by structures is approximately 396 sq. ft., and the existing shed will be removed. The garage itself will be conforming to all the setbacks. This project was approved by the Conservation Commission with significant mitigation requirements. There are no new nonconformities being created. The only increase is the 50 ft. setback from wetlands,but this project will not create a situation that is substantially more detrimental to the neighborhood than what currently exists. GENERAL FINDINGS The Board of Health comments dated July 23,2024 were read into the record; "House will remain 3 bedroom. In the main house there is one bedroom on the First Floor, one bedroom on the second floor and then the third bedroom will be moved to above the garage. Loft on 3rd floor cannot be considered a bedroom. " The Conservation Department comments dated July 17, 2024 were read into the record; "Resource Areas: Buffer zone to BVW, buffer zone to Salt Marsh, and LSCSF. NOI permit application was approved with a vote of 5-1 for construction of attached garage, mitigation plantings, and planting of natives on town land. Garage area will be mitigated for by converting driveway sections into mitigation planting areas and planting native vegetation on abutting town land that will enhance the buffer zone to resource areas. " Mr. David DelPonte, homeowner stated that the loft exists outside of the main bedroom on the second floor of the house, and is used as a craft studio. Attorney Kirrane stated that the bedroom count is currently three bedrooms, and it will remain three bedrooms. The project includes removing one bedroom from the main house, and adding a bedroom above the garage. There were no abutters present. There were no further comments from the Board. WRITTEN FINDING CRITERIA §174-33 — Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers,wharves, docks,bridges or boardwalks, shall be set back at least(50')feet from any water or wetland as defined by MGL C. 131, §40. 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 2