08/26/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING John A. Hayden and Janet L. Hayden 26 Cross Tree Way(Map 112 Parcel 24) Mashpee, MA 02649 FINDING-2015-30 Mr. Furbush read the Inspection Department comments into the record; the area is zoned R3 and part of the property is in the Pre-contact Archaeology Sensitivity area—listed as "Moderate Sensitivity". Most of the property is in the AE Flood Zone(which the house resides in)but a portion of it is also in the VE Flood Zone. Seeking a Written Finding under Article V §174-17 regarding a determination from the Board if the addition and sunroom would increase the non-conforming nature of the home. Mr. Furbush read the Board of Health comments into the record; Septic inspection performed as required on July 27,2015. Floor plans reviewed,no issues, and Conservation Comments into the record; no issues for the deck. The applicant did not get approved for the sunroom. Mr. Cook stated that the homeowners were planning on constructing the sunroom . within the next two years and he wanted to save them time and money. Mr. John Hayden, homeowner stated he has no intension to build the sunroom this year. He is willing to withdraw or will accept any condition submitted by the Board. There will have to be approval by the Conservation Commission before building the sunroom. He wants to extend the addition so he can move into the home full time. GENERAL CRITERIA: The subject property located at 26 Cross Tree Way is approximately 16,284 square feet. There were no abutters present. WRITTEN FINDING CRITERIA: ARTICLE V -Nonconfonning 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