08/27/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Paul C. Trane 124 Summersea Road (Map 105 Parcel 53) Mashpee, MA 02649 FINDING-2014-41 Mr. Furbush read the Board of Health comments into the record; "Septic, site and architectural plans reviewed. Septic variances were approved on July 17, 2014 with the condition that the den/study be constructed with a six-foot opening and the outdoor shower be connected to the septic system. Septic constructed for three bedrooms." Mr. Furbush read the comments from the Building Commissioner into the record; "Looking to replace structure with a new one." Mr. Furbush read the Harbormaster comments into the record; "The Harbormaster requires that the dock/floats including 10A floats must be updated to black hard plastic encapsulated block flotation and all the foarn/Styrofoarn be removed and disposed of properly. This will help eliminate the issue of storm bourn debris on our bays, lakes and rivers. Also that the street address must be permanently and clearly displayed with minimum of 3" block letters with contrasting color at end of pier/piling for emergency purposes, and in addition to the owners address be permanently affixed on all floats and ramps with 3" block letters with contrasting color. Otherwise, The Harbormaster has no issue with this plan." Mr. Kirrane stated the applicants are able to improve both the structures side yard setback and the setback from wetland resource areas. There will be however a further encroachment into the front yard setback requirement of 40 feet reducing that setback 22.7 feet to 18 feet. Moving the structure closer to Summersea Road, the applicants are able to move the structure further away from the coastal bank. GENERAL FINDINGS: The subject property located at 124 Summersea Road is approximately 9,000 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. 2