07/24/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2013-22 The proposal submitted by BSS Design & Engineering depicts the current three (3) bedroom dwelling dimensions 42' x 42' and the new proposed three (3) bedroom dwelling dimensions to be 49' x 42' with a deck, and garage. The proposed house will be expanded living space of the kitchen and dining area. A new subsurface sewage disposal system will be installed with a reserved area and drainage easement. There will be a retaining wall built to support the entire front yard and part of that wall is the garage foundation. The front area will be filled in and will significantly help with drainage. A letter was submitted to the Board from the abutter that resides at 23 Sand Dollar Lane stating they are familiar with their neighbors and in favor of their new house plans. The abutters that reside at 29 Sand Dollar Lane wrote a letter and presented the areas of concern to the Board regarding elevation, lot coverage and encroachment of their property. General Finding: The subject property located at 31 Sand Dollar Lane consists of approximately 10,500 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. 2