06/27/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Francis X. and Lorraine A. O'Brien 11 Bearse Road Mashpee, MA 02649 Finding-2012-27 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 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: • It will not encroach into the front, side or rear setback requirements. • Exceeding the maximum allowed lot coverage by only .41% is de minimus. 2. There is adequate land area to provide sufficient parking. 3. There is adequate land area to provide sufficient setbacks as may be required by the Board. 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 June 27, 2012, the Zoning Board of Appeals voted unanimously to grant the Written Finding. This Decision is conditioned upon compliance with: 1. Per Board of Health memo dated June 24, 2012, the proposal is subject to the following restriction: No additional habitable space permitted. Storage only above garage. 2. BSS Design Engineering & Surveying plan entitled Plot Plan Proposed Garage Prepared for Frank O'Brien #11 Bearse Road, Mashpee, Massachusetts, Date: March 20, 2012. 3. Plan entitled Proposed Two Car Garage, 11 Bearse Road, Mashpee, MA., Date 01 May 2012, Dwn: E. H. Yeomans, 43 Gaslight Lane,N. Easton, MA 02356. 2