09/11/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Marceli DeOliviera 106 Wheeler Road (Map 57 Parcel 19) Mashpee, MA 02649 FINDING-2013-36 General Findings: The subject property located at 106 Wheeler Road is approximately 28,800 square feet. 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 174-27 of the Zoning By-laws, and contingent upon the following:. • The new dwelling must remain a 3-bedroom home under Board of Health restrictions. • The applicant's order of conditions approved with the Conservation Commission. If these plans are changed in any way, the applicant will need to refile with the Zoning Board of Appeals. 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 Hearings on September 11, 2013, the Zoning Board of Appeals voted unanimously to grant a Written Finding to allow for the proposal. This Decision is contingent upon compliance that reference a set of plot plans from BSS Design Engineering & Surveying at 106 Wheeler Road, Mashpee, MA, prepared for Nelson Oliveira, Scale 1"=20', dated August 5, 2013, drawn by EJP, & TJB, job number 13135, revisions: moved house August 13, 2013, by TJB,moved septic system, added seasonal dock, average grade and building height,notes: September 5, 2013, drawing number B21-65. Also, proposed house plans, front elevation plan, scale '/" = 1'=0", showing the overall height of 24'-4" plus/minus and a roof pitch of 12"and 8 pitch roof, and front elevation,rear elevation,right side and left side elevation. The Board finds this application not substantially more detrimental to the existing non- conforming structure and the new dwelling will be an improvement, will conform to current building code requirements, is comparable in size and character to other structures in the neighborhood, and has sufficient parking and setbacks as may be required. 2