10/09/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Martin J. Reilly 15 Childs Road, Map 114,Parcel 93, Mashpee,MA 02649 SP-2024-54 Mr. David Morris, Building Commissioner explained the reason this project is before the Board is the proposed use. At the first meeting,the homeowner presented this project planning to construct the new structure as a garage for his own storage of his boat, and construct a one-bedroom apartment above as an accessory dwelling unit(ADU),which is not allowed under the bylaw§174- 25 1 (1) — Accessory Uses. He asked the Board to consider this bylaw as a condition in their Decision,and agree that the revised plans be approved administratively prior to the issuance of the building permit. Mr. Bonvie explained to the applicant that he had a meeting with the Building Commissioner to discuss his concerns. He also understood that the Building Commissioner had met with the applicants to discuss his concerns and the initial presentation of the proposed garage with an accessory dwelling. Mr.Bonvie had concerns regarding the 10 ft. high garage door and is equal to the ridge of the existing house. He understands that the abutting two-story properties were constructed as a matter of right, and were not required to be presented to the Board, and it was not determined if they were more detrimental to the neighborhood or not. The garages on those properties were accessory to the main dwelling. Mr. Bonvie, as one member, believes that this project has a massing issue because this lot is only 4,000 sq. ft., and the size of the proposed structure is too large. Attorney Kirrane explained that the new dwelling meets all the setback conditions, and there are other properties on Monomoscoy Road that were approved by the Board in the past. Mr. Bonvie explained that the neighboring properties have larger lots compared to the subject 4,000 sq. ft. lot. The Board has to find if this application is substantially more detrimental to the neighborhood. He agrees that the existing structure requires upgrades such as a new IA septic system and to be building code compliant,but the proposed structure is large and he asked to hear from the audience. Mr. Reidy explained that the Board has the ability to determine if a project is more detrimental or not,and is an objective or subjective decision of the Board.He asked Attorney Kirrane what would be the items that the Board considers not detrimental to the neighborhood. Attorney Kirrane summarized that the new dwelling will be building code and flood zone compliant, the setbacks are improving, and the percent lot coverage is improving. The direct abutters at the meeting expressed their concerns regarding the size of the proposed structure on a 4,000 sq. ft. lot compared to the neighboring lots that are twice the size, and how difficult it is to maneuver on Childs Road. The abutters believe that the proposed structure is substantially more detrimental to the neighborhood. 3