06/13/2012 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Spiros and Athena Giannaros 77 Shore Drive Mashpee, MA 02649 Finding-2012-28 General Findings: The subject property is located at 77 Shore Drive and consists of 7,500 square feet of land. Specific Findings: §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 FindinjZ: The Board determined that: 1. After being neglected for some time, the proposal will be a vast improvement to the dwelling, the property and the neighborhood; therefore, the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. There is adequate land area to provide sufficient parking with the proposed installation of the stone driveways. 3. There is adequate land area to provide sufficient setbacks as may be required by the Board due to the following: • reduction of the rear deck and its encroachment into the setback. • reduction of the lot coverage fiom 27.9% to 26.8%. In view of the foregoing, the Board detennined that the Petitioner met the criteria for grant of a Written Finding. Upon motion duly made and seconded at the Public Hearings on June 13, 2012, the Zoning Board of Appeals voted unanimously to grant the Written Finding. This Decision is conditioned upon compliance with: • J.E. Landers-Cauley, P.E. plan entitled: Site Plan Prepared for Steve Cook of 77 Shore Drive Mashpee, MA. Date: 05/03/12, Sheet 1 and Sheet 2. • Cotuit Bay Design, LLC plan entitled: New Addition/Remodeling For: Giannaros Residence, 77 Shore Drive, Mashpee, MA. Date: 5/14/2012. Drawing Al, A2, A3. 2