07/11/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Owner of record: Geraldine L. Purdon, Louise R. Urquhart and Carlton W. Hatfield Petitioner: William and Doreen Wade 185 Wading Place Road Mashpee, MA 02649 Finding -2012-32 General Findings: The subject.property is located at 185 Wading Place Road and consists of 7,700 square feet of land. 17S 4-17: 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. . . • Specific Findings: 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: • encroachment into the front yard setback will be reduced and the side yard setback non -conformity will be eliminated. • lot coverage will remain below the allowed 20% maximum. • replacement of the cesspool will be an improvement to the property. • replacement of the rundown structure with a new dwelling that will meet current building codes will be an improvement to the property. 2. There is adequate land area to provide sufficient parking and sufficient setbacks as maybe 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 July 11, 2012, the Zoning Board of Appeals voted unanimously to grant the Written Finding. This Decision is conditioned upon compliance with the following: • a revised plan detailing gutters and downspouts going into drywells shall be submitted to the Building Department. • Board of Health restricts the new dwelling to two bedrooms. • JC Engineering Inc. Plan entitled Plot Plan at 185 Wading Place Road, Mashpee, MA -Prepared for Capewide Enterprises. Date: June 13, 2012. Rev. 1: July 6, 2012. • • SPB Designs plan entitled Custom Home Wade Residence 185 Wading Place Rd. Mashpee, MA. Date: 7/04/12. Drawn by: PAB. 3