06/12/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Joseph P. and Jean E. Gennaco 46 Kim Path (Map 117 Parcel 94) Mashpee, MA 02649 FINDING-2013-17 Mr. Kirrane submitted revised architectural, septic, and site plans to the Board depicting the proposed two bedroom dwelling. The site plan shows a slight non-conformity on the Northwesterly side lot line decreasing from 8.5 feet to 9 feet. As advised by the consulting engineer, the frontage requires 26 feet as opposed to the required 25 feet to accommodate the proposed septic location. On June 14, 2013, the Board of Health approved the septic plan and issued a Disposal Works Construction Permit. The abutters that reside at 38 Kim Path and 42 Kim Path were present at both hearings and presented written concerns requesting the"streetscape" measurements remain consistent with the neighborhood. General Finding: The subject property located at 46 Kim Path consists of approximately 7,125 square feet. 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-confonning uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that 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 Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. History:Amended 10-4-1993 ATM,Article 24,approved by Attorney General 10-18-1993. History:Amended 10-17-2005 ATM,Article Z2,approved by Attorney General 3-7-2006, 2