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 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. Specific Written Findings: The Board determined that: 1. The proposal is not substantially more detrimental than the existing non- conforming structure or use to the neighborhood as defined under Section 174-17 of the Zoning Bylaws and the following: • The proposed three-bedroom dwelling will be an enhancement to the property and neighborhood. • It will conform to current building code requirements. • It is comparable in size and character to other homes in the neighborhood. • The Massachusetts DEP Order of Conditions was issued for this lot on July 19, 2013. • Board of Health comment — "In Zone II. Site and Design plans for a new Title V system (pressure distribution which helps to remove more nitrogen), to accommodate a new three bedroom dwelling." • Conservation Commission comment—"The Commission approved the application for a tear down and rebuild at 31 Sand Dollar Lane at our July 11, 2013 hearing. No controversy or concerns with this project." • BSS Design Engineering & Surveying, letter and drawing dated July 25, 2013 entitled "Average Grade and Building Height Calculation" depicting recalculated average grade for both existing and proposed houses (Attached). In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearing on July 24, 2013. The Zoning Board of Appeals voted unanimously to grant a Written Finding to allow for the proposal. This Decision is contingent upon compliance with plot plans that refer to this project drafted by BSS Design Engineering & Surveying Plot Plan — Proposed House and Subsurface Sewage Disposal System for 31 Sand Dollar Lane, Mashpee, MA. Prepared for Glen & Beverly Petrie, scale 1" = 20', dated June 13, 2013, drawn by TJB, job number 1227 Revisions added soil strip-out 6/20/2013, TJB, added cantilever coverage, reduce house size, and pressure distribution, 7/23/2013, TJB. This project is conditioned upon a set of house plans A0.0 through A3.3 submitted to the Building Department for final approval. 3