08/28/2024 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Lisa Jacobs Conti and Christopher Conti 45 Popponesset Island Road, Map 106, Parcel 14 Mashpee, MA 02649 FINDING-2024-46 The proposed addition will not affect any of the existing nonconformities and will be approximately 30 ft. from Popponesset Island Road which is further away than any existing structures that are closer on Popponesset Island Road. A percentage of total lot area,the existing coverage is 19.5% and will increase to 19.6%. The Conservation Commission has approved this project, and it is consistent with other development in the neighborhood. Attorney Kirrane suggested that this project is not creating any conditions that are substantially more detrimental to the neighborhood. The Board wanted clarity regarding the existing deck in the rear of the property that is depicted on both the existing and proposed site plan. Attorney Kirrane said that the rear deck is being reduced as noted within the red line depicted on the proposed site plan. GENERAL FINDINGS The subject property located at 45 Popponesset Island Road contains a total of 16,360 sq. ft. of land. The Board of Health comments dated August 27, 2024 were read into the record; "To remain 3 bedrooms. House already equipped with IIA septic. " The Conservation Department comments dated August 27, 2024 were read into the record; "Resource Areas: Buffer zone to salt marsh & LSCSF. NOI application was approved unanimously due to improvements to the buffer zone to salt marsh and improvements to storm water management onsite through installation of a drywell to control proposed patio runoff. Condition of three (3)year mitigation and monitoring contract with a qualified professional for all mitigation plantings. 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§174-31 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. 2