07/25/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS 172 Waterway Mashpee, MA 02649 Owner of record: Janice A. McGoldrick Petitioner: Peter and Linda Connly Finding-2012-34 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 Written 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: • Removal of the pre-existing, non-conforming, deteriorating structure and replacement with a new dwelling will be an improvement and will conform to current building code requirements. • The proposal is comparable in size and character to other structures in the neighborhood. • Replacement of the lawn with installation of mitigating plantings improves the site conditions and reduces adverse impact on surrounding properties and the wetlands. • The proposal wiltmeet the side setback requirements. • There is no need for Variance relief. • The Petitioner met the criteria for grant of a Special Permit under Section 174-20 of the Zoning By-laws to demolish and replace the existing structure. 2. There is sufficient parking and setbacks as may be required. In view of the foregoing, the Board also determined that the Petitioner met the criteria for grant of a Written Finding under Section 174-17 of the Zoning By-laws. Upon motion duly made and seconded at the Public Hearings on August 8, 2012, the Zoning Board of Appeals voted unanimously to grant the Written Finding to allow for the proposal. This Decision is conditioned upon compliance with: • BSS Design Engineering & Surveying plan entitled Plot Plan Proposed House at 172 Waterway New Seabury, Mashpee, Massachusetts Prepared for Peter & Linda Connly, Date: June 27, 2012. Revisions: Aug 2, 2012, Aug 7, 2012. • Building plans with revisions that reflect changes on the above-referenced site plan will be submitted to the ZBA office. • Conservation Commission Order of Conditions issued on July 23, 2012. • Board of Health restricting the proposal to four bedrooms. 3