12/10/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Jeffrey M. Wiesen and Elaine Wiesen 30 Wheelhouse Lane(Map 120 Parcel 162) Mashpee, MA 02649 FINDING-2014-57 Mr. Furbush read an email into the record from Glen Harrington, Board of Health dated December 3, 2014; "30 Wheelhouse Lane — The increase in the size of the septic appears to reduce the required setback of 10 feet to 5 feet, as scaled on the plan. A variance from the board is required to reduce the required setback. A septic inspection would also be required due to the change in footprint of the on-site structure. The plan scaled correctly at 1"=30' even though the title block says the scale is 1"=40'. The plan scale must have been altered when copied." The Board noticed the engineer stamped and signed the wrong plot plan. The plot plan provided is not acceptable and must be corrected. GENERAL FINDINGS: The subject property located at 30 Wheelhouse Lane, is approximately 16,494 square feet. There were no abutters present. WRITTEN FINDING CRITERIA: §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: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, • and, 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 Zoning Board of Appeals shall follow the procedures specified in the General Laws for Special Permits in processing requests for such Findings. 2