09/09/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Richard J. Lawless, Jr. and E. Ranney Lawless 161 Daniels Island Road (Map 105 Parcel 271) Mashpee, MA 02649 FINDING-2015-35 Also, the rear deck, which I am not sure if it is existing or proposed - is also closer than 50 feet to the salt marsh. Because neither of these additions and the deck (if new to the site)had asked for relief from §174-3 —the Board may not be able to rule on this for it was not requested by the applicant and thus not properly advertised." Mr. Kirrane said the existing building is a non-conforming structure. The permission is to alter a change to a pre-existing, non-conforming structure, and not increasing the non-conformities. He is maintaining the same front yard setback, and the same side yard setback. The existing deck is only 12 feet from the wetlands, and not violating the 50 ft. setback under§174-17.The addition is much further away than the deck is currently, and will be built over the existing deck. Mr. Furbush read the Conservation Commission comments into the record; 161 Daniels Island project was approved by the commission with no issues. Mr. Blaisdell read the Board of Health comments into the record: "Septic inspection required due to additions/change in footprint of foundation. Septic good for three bedrooms. Proposed floor plans show three bedrooms. OK. GENERAL CRITERIA: The subject property located at 161 Daniels Island Road is approximately 11,300 square feet. There were no abutters present. 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: 3