1/11/2017 ZONING BOARD OF APPEALS ZBA Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Thomas J. Murray and Kristin E. Murray 118 Waterway (Map 105 Parcel 220) Mashpee, MA 02649 FINDING-2017-05 There will also be a new state-of-the-art Title V septic system installed. The lot has substantial vegetation and mature trees along both property lines, and the 2+ ft. variance relief requested for the northerly side will not have any adverse impact on the abutting property owner. Attorney Kirrane said he applied for that Variance on the northerly side of the property notwithstanding the fact that there was a non-conformity side yard setback on the other side of the property. He said he didn't know what the Boards approach would be relative to considering the entire building as a side yard setback relief, or by creating a 12.1 ft. non-conformity on the northerly side as opposed to the southerly side, which creates a brand new non-conformity, so as such applied for variance relief of the 2.9 ft. on the northerly side of the property, and eliminating the non-conformity on the other side of the property. Attorney Kirrane pointed out to the Board that the homeowners prefer to keep the vegetation and mature trees to create privacy from the abutting properties. He concluded that the proposed new dwelling project will have sufficient parking, and will have the adequate setbacks consistent with the neighborhood. Mr. Furbush read the Board of Health, Conservation, and 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, 2