03/12/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 12, 2025 123 Tide Run: Owners, Kevin H. and Maryellen M. Kelley request a Written Finding under §174-17 of the Zoning Bylaws to allow for expansion of an existing rear deck on property located in the Little Neck Bay cluster subdivision, and the R-3 Zoning District, Map 120, Parcel 182, Mashpee, MA. Mr. Kevin Strick represented the homeowners requesting to expand their existing rear deck. The Board approved the deck project back in 2019 and issued a Variance from the 50 ft. setbacks to wetlands under §174-33. The homeowners are now requesting to expand the deck 6 ft. to provide more living space. The project was given administrative approval by the Conservation Commission. Mr. Strick provided photos of the existing deck and revised building plans. Mr. Strick explained the setback dimensions of the deck as indicated in the photos. He said the deck is a pre-existing condition setback from the wetlands, and no new construction will be touching the ground. There is currently a 2 ft. cantilever but could expand up to a 6 ft. cantilever as indicated on the building plans. Mr. Goldstein directed a question to Mr. Morris asking if there was an issue with the 2 ft. cantilever. He doesn't have a zoning issue but wanted to confirm that the deck can be built as indicated on the plans. Mr. Morris said that the deck will be built on the existing sono tubes. He will discuss the structural question with Mr. Strick later. Mr. Morris asked Mr. Strick to explain the reason for the Variance request, and was there a request of a new nonconformity. Mr. Strick said that the Variance request was a modification of the expansion on the north and south end of the existing deck. It is already setback 50 ft. from the wetlands. The Board had a discussion and wanted to know if there was an increase in the nonconformity. Mr. Morris explained to the Board that the deck is pre-existing within the wetlands, so it did not require a Variance back in 2019. The Board discussed the Variance requirements of the project, and didn't believe that it qualified for variance relief. Mr. Goldstein didn't have an issue with the request, but had concerns with the 6 ft. cantilever and believes a structural engineer would have to be involved with the construction of the deck. Mr. Morris agreed, and he will take responsibility for that. Mr. Morris explained to the Board that the house is totally in the flood zone and would qualify for a Written Finding. He gave his determination and believes the Variance can be withdrawn, and qualifies for a Written Finding. 4