03/28/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Dorothy J. Cannon 221 Monomoscoy Road Mashpee, MA 02649 Finding-2012-11 Specific Findings: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not confonning 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 due to the following: • The proposed additions will be an enhancement to the property and to the neighborhood. • The proposal is similar in character to recent renovations made to other homes in the area. • The proposal will meet the side setback and lot coverage requirements. 2. There is adequate land area to provide sufficient parking and setbacks as may be required by the Board. 3. Having met the criteria for a Written Finding, the Petitioner's request for a Variance is unnecessary. 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: • Falmouth Engineering plan: Plot Plan for #221 Monomoscoy Road Prepared for Dorothy J. Cannon in Mashpee. Plan Date: June 17, 2009. Revision Date: 2/16/12 Add setbacks. • The Board of Health's requirement of the following: o the submitted plan must state that the three-season room is unheated. o the three-season room must remain unheated. o a septic inspection must be conducted. o the existing soil absorption system limits the dwelling to three bedrooms. • Conservation Commission approval. 2