11/13/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners,Kirk John Franklin and Dawn Gordon Franklin, Trustees of the Seaside Realty Trust 416 Monomoscoy Road,Map 124,Parcel 47 Mashpee, MA 02649 FINDING-2024-57 GENERAL FINDINGS The Conservation Department comments dated October 28, 2024 were read into the record. "Resource Areas: LSCSF & Buffer zone to Salt Marsh - NOI application was approved unanimously with the condition of a three year mitigation & monitoring contract with a certified professional and all Certificate of Compliances achieved prior to construction commencement. Installation of drywells to control roof runoff and a drain at the cobble apron and the vast amount of mitigation plantings near the salt marsh will enhance the resource areas. " The Building Commissioner's comments dated October 31, 2024 were read into the record. "Although I will need much more information on the permit application, it seems fairly obvious that this project meets the criteria of a substantial improvement. If deemed so, a permit cannot be granted as presented because it fails to meet requirements of 780 CMR 51:00 RI05.3.1.1 and R322. " The Board of Health comments dated November 6, 2024 were read into the record. "House to remain 4 bedroom, 2 on the first floor and 2 on the second floor. 3rd floor loft not fit for habitation. " Chairman Bonvie and the members reviewed the site plan and had some concerns that the proposed improvement value may be in excess of 50% of the value of the existing dwelling. Attorney Kirrane stated that the Board should not be concerned with the Building Commissioner's comments. His client would have to provide the Building Department the appraised value, and the construction costs to apply for the building permit. The Board requested the applicant provide a revised site plan to depict the distance from the existing dwelling to the front yard setback. The Board needed more information to determine if a new nonconformity was being created. The Board accepted a continuance from Attorney Kirrane to provide a revised site plan. On December 11, 2024, the continued hearing was opened 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 applicant for the Written Finding request to construct an attached garage and deck addition. At the last hearing,the Building Commissioner notice that the site plan measurement from the front yard setback to the stairs was incorrect, and required the furthest measurement according to the bylaw. 2