05/14/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Theodore Ell 14 Pem Lane (Map 89 Parcel 3G) Mashpee, MA 02649 FINDING-2014-26 SPECIFIC WRITTEN FINDINGS: The Board detennined that: 1. The proposal reconstructed dwelling will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. The new dwelling will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 3. The proposed dwelling, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues, regulations, bylaws and plans, complies with the dimensional requirements applicable to the lot under current provisions of §174-31 (Land Space Requirements Table Footnotes) #18 of the Popponesset Overly District, 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 Nonconforming lots. 4. Reconstruction of the dwelling is contingent upon Board of Health final approval. 5. Reconstruction of the dwelling will confonn to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, May 14, 2014, the Zoning Board of Appeals voted unanimously to grant a Written Finding to under Article V §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre-existing, non-conforming structure to allow for construction of a first floor garage and second floor bath on property located in an R-5 Zoning District at 14 Pem Lane (Map 89 Parcel 3G), Mashpee, MA. This Written Finding is issued pending condition requirement from Board of Health regarding repair of the UV light and inspection prior to issuing the Building Permit. Referencing the Site Plan prepared for Theodore Ell, 14 Pem Lane, Mashpee, MA, prepared by J.E. Landers-Cauley, P.E. Civil Environmental Engineering, PO Box 364, West Falmouth, MA. Job No. 2379, dated 04/10/14, Sheet 1 of 1. A set of house plans and elevation plans titled: New Addition/Remodeling for Ell Residence, 14 Pem Lane, Mashpee, MA. Prepared by Cotuit Bay Design, LLC, 43 Brewster Road, Mashpee, MA. A-1 and A-2. Scale: 1/"= V-0", dated 4/10/2014. 3