06/26/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Michael W. Reardon and Claire M. Reardon 36 Nick Trail (Map 117 Parcel 299) Mashpee, MA 02649 FINDING-2013-20 The rear property line setback will move from 12.7 feet to 11.7 feet. The existing deck will be rebuilt in the same foot print and the lot coverage will be reduced from 20.5% down to 20.4%. The architectural plans will match as exists and will not be more detrimental to the neighborhood. He stated they received approval from Board of Health and the Conservation Commission because it is in elevation 12 flood zone. The existing storage shed will be rebuilt to the same foot print and the rinse station will be removed. There were no comments from abutters. General Finding: The subject property located at 36 Nick Trail consists of approximately 6,500 square feet. Written Finding Criteria: §174-17. 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 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 22,approved by Attorney General 3-7-2006. 2