04/23/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION WITHDRAWAL OF A WRITTEN FINDING Robert Roche (Owner of Record: Patricia O. Schmitt) 37 Seconsett Point Road (Map 124 Parcel 19) Mashpee, MA 02649 FINDING-2014-25 Mr. Furbush stated he did not understand the reason for the increase from a 20% lot coverage to 21.5% and did not like the structure too close to the street. Mr. Goldstein stated this size lot is similar to Popponesset Beach and 20% is the maximum allowed in that area. The height of the structure needed to be confirmed by the architect who was unavailable. GENERAL FINDINGS: The subject property located at 37 Seconsett Point Road consists of approximately 8,700 square feet. There were several abutter comments from the following addresses: 38 Seconsett Point Road, 19 Seconsett Point Road, 29 Seconsett Point Road, 33 Seconsett Point Road and 43 Seconsett Point Road. 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 Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required.Although said finding shall not constitute a special permit as defined by the general laws and this by-law, the Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. History:Amended 10-4-1993 ATM,Article 24,approved by Attorney General 10-18-1993. History:Amended 10-17-2005 ATM,Article 22,approved by Attorney General 3-7-2006. 3