9/27/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS Robert H. Wittstein and Maura B. Wittstein 55 Monahansett Road (Map 123 Parcel 100) Mashpee, MA 02649 FINDING-2017-53 Mr. Kirrane pointed out the average front yard setbacks on either side of the property on the plot plan; one is 11.8', and the other is 30.9' and the average of those two setbacks are 21.3 ft. which is what is being proposed, and is consistent with what zoning requires so there is no meed for a variance. The structure will remain 35 ft. in distance from the wetlands and does require a specific finding from the Board. The Board needs to determine that what is being proposed is not substantially more detrimental to the neighborhood than what currently exists. The applicants are also proposing a second story, and is consistent with the other homes in the neighborhood. The lot coverage is under the 20% requirement and the dwelling will remain a three bedroom. Mr. Goldstein mentioned that the roof line might have to come down a little, and would be determined by the average grade because of the 30 ft. height restriction in the Popponesset Overlay District. Mr. Furbush read the Board of Health, and Inspection Department, and Conservation comments into the record. GENERAL FINDINGS: The subject property located at 55 Monahansett Road is approximately 9,138 square feet. There were no abutters present. 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