08/14/2024 ZONING BOARD OF APPEALS Decision

Home Browse Search

� Town of Mashpee e µ N@ 16 Great Neck Road North Mashpee, MA 02649 s& woo� � r is MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2024-41 Owner, Martha J. Kanter Bk.: 30546 6 Kanter Lane Pg.: 199 Map 119, Parcel 1 B Mashpee, MA 02649 A Petition was filed on July 19, 2024 by Owner, Martha J. Kanter requesting a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of a second story to a pre-existing, nonconforming detached garage, with a deck, stairs, and landing off the garage on property located in an R-3 Zoning District, at 6 Kanter Lane, Map 119, Parcel 113, Mashpee,MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on July 26, 2024 and August 2, 2024 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, August 14, 2024 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ronald Bonvie,Board Members, William A. Blaisdell, Jonathan Furbush, Scott Goldstein and Associate Member, George Ganzenmuller. Attorney Christopher Kirrane represented the homeowner for the Written Finding request to alter a pre-existing,nonconforming detached garage. There is an existing single-family dwelling on the lot,but there is no proposed construction on this dwelling.The proposal consists of adding a second story, and a set of stairs to access that second story of the garage. This garage is located in the R3 Zoning District. There are two nonconforming conditions; the lot size is nonconforming at 18,039 sq. ft., and the front yard setback is currently 15.6 ft., where 40 ft. is required. The stairs will be located on the left side of the garage and will become a conforming condition. The front yard setback will remain nonconforming because the construction consists of creating a second story. The lot coverage is currently 11.1% and will increase to 11.9% which well under the 20% allowed for lots located in the R-3 Zoning District. The property is partially within Land Subject to Coastal Storm Flowage (LSTCSF), therefore for zoning purposes the lot area is 18,039 sq. ft. The proposal is modest and is consistent with other redevelopment in the neighborhood. l