07/08/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Cindy L. True and Michael Woodcock 53 James Circle (Map 71 Parcel 43) Mashpee, MA 02649 FINDING-2020-16 Cindy gave a history of the property saying it was owned and built by her grandparents back in the 1970's. The original site plan contemplated a 15 ft. setback from the property line, but the house was set in the wrong location. The Association did a survey and it was shown that the deck was built over the property line. After purchasing the home from her family, she had to enter into an easement agreement with the Association to obtain title insurance. This agreement was included with her petition package. The Association was in agreement with.her proposal as long as she eliminated the overhang of the deck from the property. The existing deck is not built to code and is not safe. In addition,there's a breeze way that has a 2 ft. drop off the back of the original staircase without a railing. She has secured a builder to reconstruct the deck to conform to current day building codes. All the setbacks on the other side of the property are being met,and the lot coverage will be moved from 18.6%to 19.3% and still is under the 20%requirement. Chairman Furbush said that he was pleased with the presentation, and all his questions were answered. Sharon Sangeleer read the Conservation comments into the record, and Board of Health had no comments. GENERAL CRITERIA: The subject property located at 53 James Circle is approximately 11,070 square feet. There were no abutter comments. 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