08/28/2013 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Craig A. Fitzgerald and Maureen A. Fitzgerald 50 Spoondrift Way(Map 112 Parcel 35) Mashpee, MA 02649 FINDING-2013-31 The Board of Health stated the new dwelling is in a Zone II and is restricted to four (4)bedrooms. The Conservation Department approved the order of conditions. The consultant informed the commission there would be some damage to the salt march during the seawall repair (unavoidable). The consultant stated he will address this to the commission in the language order of conditions for the project. The commission will also require a wetland consultant be present at the site during the seawall repair work. Mr. Kirrane stated the improvement of the sideline setback, reducing the number of bedrooms from five (5) to four (4), and replacing the existing sewage disposal system with a new Title 5 system will comply with current day building codes as opposed to those effected back in 1960 will constitute a substantial improvement over existing conditions. General Finding: The subject property located at 50 Spoondrift Way consists of approximately 12,920 square feet. There were no comments from abutters. 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-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. 2