04/24/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS William R. Cusick, Jr. & Dorie Ann Krawiec 12 Pine Avenue (Map 123 Parcel 38) FINDING-2013-09 At the request of Mr. Paul Dardano, spokesman of the Rock Island Association that his comment be read and"is pleased to see the footprint is under 20% lot coverage." The proposed plot plan submitted by BSS Design, Engineering, and Surveying, dated March 20, 2013 developed and prepared by Thomas Jackson Bunker, Registered Professional Land Surveyor, depicts the new three (3) bedroom dwelling, including the garage with 40 feet from the front, and 10 feet side setbacks on both sides. The average existing grade around the proposed home is 23 feet. The plan indicates the removal of the paved driveway and replacement of a crushed stone driveway. General Finding: The subject property located at 12 Pine Avenue consists of approximately 8,000 square feet. 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 0: 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