03/28/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Matt DeSutter and Donna Paglia 26 Waterway Mashpee, MA 02649 Finding-2012-8 Written Finding: §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 Zoning Board of Appeals. 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. The Board determined: 1. That the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood because: The proposal will be an improvement to the property and to the neighborhood. Other improvements include eliminating the existing basement bedrooms and living space that are currently below the flood plain. The proposal will be further away from the wetlands. • The new structure will confonn to current building code. 2. There is adequate land area to provide sufficient parking and setbacks as may be required. 3. The Petitioner met the criteria for grant of Variance relief from the front and side setback requirements and setback requirements to water and wetlands. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Written Finding and Special Permit. Upon motion duly made and seconded at the Public Hearings on March 28, 2012, the Zoning Board of Appeals voted unanimously to grant the Written Finding and Special Permit. This Decision is conditioned upon compliance with the following: Board of Health requirements: dwelling is restricted to 4 bedrooms. • Conservation Commission Order of Conditions. • BSS Design Engineering & Surveying plan "Plot Plan — Proposed House, Prepared for Matt DeSutter 26 Waterway — New Seabury Mashpee, Massachusetts, Date Jan 28, 2012". • New Seabury Homeowners' Architectural Review Committee approval. 2