03/28/2012 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Alfred J. Clemens 58 Spoondrift Way Mashpee, MA 02649 Finding-2012-13 General Findings: The subject property is located at 58 Spoondrift Way and consists of approximately 29,375 square feet of land. Specific 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. Written Finding: The Board determined that: 1. 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. • The re-development will be a substantial improvement because the setback to water and wetlands will be reduced by two feet. • The new structure will conform to current building code. • Replacement of lawn area with plantings indigenous to the coastal area will provide new habitat areas and reduce impacts on adjacent wetlands. 2. There is adequate land area to provide sufficient parking and setbacks as may be required by the Board. 3. The Petitioner met the criteria for grant of a Special Permit to allow for demolition of the existing dwelling. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Written Finding. 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. This Decision is conditioned upon compliance with the following: • Conservation Commission approval. • Board of Health restrictions. • Christopher Costa & Associates, Inc. plan "Certified Plot Plan Showing Conservation Restrictions 58 Spoondrift Way in Mashpee, Massachusetts, Date 02/15/2012". 2