02/13/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS William P. Tommasino and Deborah D. Thornton 196 Waterway Mashpee,MA 02649 FINDING-2013-04 The lot consists of 11,100 square feet lot fails to conform to the existing 40,000 square foot requirements. The renovations are not increasing the side yard setbacks but are slightly increasing the front yard non-confonmity(reduced to 20 feet) and the wetland setback non-conformity (reduced to 29 feet). The proposal will remain under the 20% lot coverage criteria. Designer Timothy Luff stated the appropriate flood panels will be added to the new addition and impervious membranes around the regular tank. No comments were received from abutters. Written Finding Criteria: 17� 4-17: Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming to 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. 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. M.G.L. c. 40A § Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a Finding by the permit granting authority or that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. 2