02/27/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Michael and Tammy Monahan 36 Jackbon Road (Map 90 Parcel 36) FINDING-2013-06 The proposed plot plan submitted by BSS Design, Engineering, and Surveying, dated January 28, 2013 developed and prepared by Jeffrey Edwin Ryther, Registered Professional Engineer, depicts the new structure with 15 feet both sides and back, and 40 feet from the front. It also depicts removal of the existing septic tank and installing a new septic tank to accommodate a three (3) bedroom dwelling and has adequate parking. At the request of two abutters, the rock wall located on the right side of the property remains aesthetically in place. Final approval by the Board of Health, as quoted below in an interoffice memorandum requires this proposal to be compliant with the dimensional requirements of the building inspector and is not substantially more detrimental than what exists today. "To Board of Appeals from Veronica Warden, Assistant Health Agent, dated February 26, 2013, referencing February 27, 2013 Board of Appeals Public Hearing. Michael and Tammy Monahan (36 Jackbon Road) —Not in a Zone H. The Board of Health has not received any site and design plans for this lot however; a percolation test was performed on December 13, 2012. Plans submitted to the Board of Appeals are for a three bedroom dwelling with no variance relief from State or local Board of Health regulations. A long as town water services the dwelling, the owner could install up to a five bedroom leaching facility on the lot. " 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. 2