08/28/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Craig A. Fitzgerald and Maureen A. Fitzgerald 50 Spoondrift Way(Map 112 Parcel 35) Mashpee, MA 02649 FINDING-2013-32 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: §174-20. Rebuilding of Destroyed or Damaged Nonconforming Structure Any non-conforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in §174-24 of this chapter. Specific Written Findings: The Board determined that the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, as defined under Section 174-20 of the Zoning By-laws, and contingent upon the following: • A revised plot plan depicting the 30 foot setback from the wetlands to the corner of the dwelling. • Confirmation of the elevations of the dwelling will not exceed 35 feet from the average grade. F 2