09/25/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Charles A. Aggouras 137 Summersea Road, Map 105, Parcel 64 Mashpee, MA 02649 FINDING-2024-51 There is no increase in any nonconformities, and will not intensify any existing nonconformities. The project was approved by the Conservation Commission. GENERAL FINDINGS The subject property located at 137 Summersea Road contains a total of 12,945 square feet of land. The Board of Health comments dated September 23, 2024 were read into the record; "Three bedroom house to remain three bedrooms. " The Conservation Department comments dated September 13, 2024 were read into the record; "Resource Areas:LSCSF&Buffer Zone to Salt Marsh. NOI application was approved with a vote of 3:1 due to carport conversion will have a flood compliant foundation and 883 square feet of mitigation will create better conditions for resource areas. Following conditions were applied to the NOI approval: Three (3) maintenance and monitoring contract with a certified professional for all mitigation plantings." The Board had a discussion regarding the existing carport and determined that it is considered a structure being attached to the dwelling. 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: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, 2