12/13/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Jeremy and Farhana Stevenson, Trustees 431 Monomoscoy Road (Map 124 Parcel 53) Mashpee, MA 02649 FINDING-2017-69 The application relief is under Section 174-17 because it's a pre-existing non- conforming setback to the wetland resource area and making it a bit more non-conforming by squaring off that corner of the area. There is no new nen-conformities. The project was approved by the Conservation Commission. The 50 ft. setback criteria from wetlands is intended to project wetland resource areas, and as a general rule the Conservation Commission is vested with the authority to review issues of impact as they relate to wetlands. Conservation reviewed this project and determined that there would be no adverse impact on wetland resource areas, and they conditioned that approval to add substantial plantings to mitigate any potential impact. Attorney Kirrane stated in his closing remarks, that the project is not creating any more substantial detrimental conditions than what currently exists, and the Conservation Commission reinforces that finding. Vice Chairman. Bill Blaisdell read the Conservation and Board of Health comments into the record. Associate, Sharon Sangeleer read the Inspection Department comments into the record. 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, • and, that there is adequate land area to provide sufficient parking and setbacks as may be required. 2