8/23/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Robert W. Hughes and Susan M. Hughes,Trustees 2 Shore Drive(Map 112 Parcel 44) Mashpee,MA 02649 FINDING-2017-46 The non-conformity of the existing structure under §174-33 of the bylaws require a 50 ft. setback from the wetland resource areas,and§174-17 allows alterations or changes to pre-existing non-conforming structures provided that the Board makes a determination that what is being proposed is not substantially more detrimental to the neighborhood than what currently exists. Also that there is adequate parking onsite, and that the setbacks that the Board may require are provided. The revised plan now shows a 5 bedroom home as opposed to a 6 bedroom home, and the setback from the BVW changed from 34 ft. to 38 ft., so the only non-conforming condition on the site is now being improved. The project was approved by the Conservation Commission with some mitigation planting. The Board requested that Tom Bunker sign and date the revised Layout and Mitigation site plan. The Board communicated to the applicant that the bylaw only allows 100 sq. ft. for the widow's walk, and that the plan should be revised as such. Board Member Bill Blaisdell read the Board of Health comments into the record. Chairman Furbush read the Conservation and Inspection Department comments. Mr. Kirrane responded to the Inspection Department comments and explained to the Board that he is not seeking variance relief from §174-33 because there is already a non-conforming 34 ft. setback from the wetland area,and under §174-17 to alter a change to non-conforming structures, provided that the Board makes the appropriate finding, and in this case the building is becoming less non--conforming because it will be 38 ft. from the wetlands. There were no abutters present. There were no more comments from the Board. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday,August 23, 2017, the Zoning Board of Appeals voted unanimously to issue a Written Finding with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Existing Conditions -Plot Plan -Proposed House and Subsurface Sewage Disposal System at 2 Shore Drive, Mashpee, MA., Prepared for Robert & Susan Hughes, Scale: V = 20', Date: June 29, 2017, Job Number: 16014, Drawn: EJP, B20-102, by: BSS Design Engineering and Check: TJB, Drawing Number: Surveying, Signed by: Thomas Jackson Bunker, No. 32653, Registered Professional Land Surveyor. II. 2