12/09/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Louis J. Columbo, Jr. and Debra A. Columbo, Trustees 16 Westwood Road (Map 117 Parcel 194) Mashpee, MA 02649 FINDING-2015-45 The new structure will be situated on the lot in a location that now results in all conforming setbacks. It will conform to the 25 ft. setback from Uncle Percy's Rd, and will conform to the 15 ft. foot rear or side yard setbacks on the Northeasterly property line. The structure is a little bigger than previously exists and will consist of 1,476 square feet,plus the shed which results in a total lot coverage of 19.7% and is still within the 20% lot coverage allowed under the provision of the bylaw. The Board must determine that the proposed new structure is substantially less detrimental to the neighborhood than what currently exists. In addition, the site plan demonstrates that there is sufficient area to accommodate two parking spaces and conforming setbacks. The septic plan was submitted to the Conservation Commission. The project was approved by the Conservation Commission on December 10,2015. Mr. Furbush read the Board of Health comments into the record; "the proposed septic has been approved and permit obtained by the installer. The floor plans have been reviewed and no comments are necessary. Mr. Furbush read the Inspection Department. comments into the record; "The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area — listed as "Moderate Sensitivity". The applicant is seeking a Written Finding under Article V §174-17 regarding a determination from the Board if the removal of the existing home and replacing it with a single-family home would increase the non-conforming nature of the lot." GENERAL FINDING CRITERIA: The subject property located at 16 Westwood Road is approximately 7,500 square feet in the Popponesset Overlay District. 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. 2