1/24/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Daniel W. Kupferman 53 Tracy Lane (Map 99 Parcel 25) Mashpee, MA 02649 FINDING-2018-04 Mr. Kupferman, homeowner said there is an existing fence surrounding the entire property, and the house is part of the buffer. There are three sides that have 5 ft. stockade fencing, and there is one by the front of the driveway that will be changed to meet the zoning with the pool. The Building Commissioner wanted to be clear that any doors, bulk heads, and sliders need to be alarmed as required under Massachusetts State Building Code. The final sign offs will be required by the wiring inspector,and the life safety inspections will include the height of the fence, and the self-closing gates. The building plan that will be submitted with the permit will actually show the fence, and that the shed is relocated to the 5 ft. requirement. The Board read the Board of Health, Conservation and Inspection Department comments into the record. There were no more comments from the Board or audience. GENERAL CRITERIA: The subject property located at 53 Tracy Lane is approximately 13,850 square feet. 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