10/23/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Michael Bloom and Lori Laskin Bloom 17 Overlook Knoll Road (Map 118 Parcel 36) Mashpee, MA 02649 FINDING-2013-49 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. Per Town Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve a Variance in the Decision/Finding of Fact. No such thing as "use variance". The Decision must be rendered in two separate statements/decisions if a Variance or Special Permit is involved along with a Written Finding. SPECIFIC WRITTEN FINDINGS: The Board determined that: 1. The proposal reconstructed dwelling will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. The new dwelling will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 3. The proposed dwelling, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues, regulations, bylaws and plans, complies with the dimensional requirements applicable to the lot under current provisions of §174-31 (Land Space Requirements Table Footnotes) #18 of the Popponesset Overly District, 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 Nonconforming lots. 4. Reconstruction of the dwelling is contingent upon Board of Health final approval. 5. Reconstruction of the dwelling will conform to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. In view of the foregoing, the Board determined that the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearing on November 13, 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 the following: Proposed Sewage Disposal System prepared for Lori and Michael Bloom, House No. 17 Overlook Koll, Mashpee, MA. Scale as noted: dated October 28, 2013, prepared by Cape & Island Engineering, Plan No. 102813, File No. 125 MA, and revised October 29, 2013, Building Moved Forward to Existing Deck Setback. Also, referencing Proposed Site Plan w/Basement Plan, dated 10.28.13, Bloom Residence, 17 Overlook Knoll, Scale: 1/16"= V-0", and numbered 0.0,A.0 through A.7 and is subject to Board of Health final approval. 4