07/10/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Gerald C. Seymour and Linda V. Seymour I Nehoiden Road, Map 125, Parcel 108 Mashpee, MA 02649 FINDING-2024-33 The proposal consists of an alteration to the nonconforming detached garage to accommodate an Accessory Apartment or ADU above the garage. This would involve the addition of dormers and two means of egress from the upper level on both the northerly and easterly sides. The addition of these egress stairs will increase the side setback nonconformity. The proposal includes construction of stairs to the rear of the garage that will sit 7.3 ft. to the property line, and the stairs along the easterly lot line will be 0.2 ft. from the property line. The septic system was upgraded, and the leaching facility will accommodate the proposed unit. There are no new nonconformities being created, and the proposed alterations will not be substantially more detrimental to the neighborhood than what currently exists. GENERAL FINDINGS The Board of Health comments dated July 8, 2024 were read into the record; "Septic Designed and Installed to comply with Yh bedroom above garage. " The Conservation Department comments dated July 8, 2024 were read into the record; "Resource Areas:LSCSF. Property was issued Letter of Map Amendment (LOMA)from FEAL4 bringing the lot out ofLSCSF. " Chairman Bonvie commented that the applicant will have to satisfy the Building Commissioner when applying for a building permit. The subject property located at I Nehoiden Road has 17,206 square feet of upland. There were no abutters present. 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§174-3 1 or,for lots which have been developed pursuant to§174-2 1,complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21.