12/13/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Patrick M. O'Connor and Sharon M. O'Connor 66 Massasoit Avenue (Map 72 Parcel 30) Mashpee, MA 02649 FINDING-2017-68 The dwelling itself sits quite high off the roadway as it relates to Sakonnet Drive. These front yard setbacks provide some degree of uniformity within neighborhoods and provide appropriate site distances.as they relate to pedestrian and vehicular travel on all corner lots. Taking into consideration that the deck will be sitting so high off the road,that being within the 9 ft. of the front yard property line, and the additional 10 ft. to the paved surface of the road, there will not be any interference with site distance, and safe travel of both pedestrian and vehicles. Given the topography of the lot, the distance to the lot line and the distance from the paved surface, this addition will not require any additional setbacks. Ms. Sangeleer read the Conservation, Inspection Department, and the Board of Health comments into the record. Mr.Doug Semple, an abutter that resides at 43 Sakonnet Drive addressed the Board and said that he and his wife are in favor of the project. There were no more comments from the Board or audience. Mr. Kirrane stated in his closing remarks that the deck will not be substantially more detrimental to the neighborhood than what currently exists. It's only an outside living space and will not require any additional parking. 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: 2