07/25/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Peter Dobyns and Tanya C. Dayos 30 Bakers Road Mashpee, MA 02649 Finding-2012-33 identification issue is resolved to the satisfaction of Fire Department, Police Department, Department of Public Works and the Building Department. No comments were received from abutters. General Findings: The subject property is located at 30 Bakers Road and consists of 4.5 acres 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 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 alterations will be an enhancement to the property; • installation of a new Title 5 septic system will be an improvement to the property and to the neighborhood. • there will be no increase in the size of the footprint. 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 July 25, 2012, the Zoning Board of Appeals voted unanimously to grant the Written Finding. This Decision is granted to the house on the property situated closest to Mashpee Pond and is conditioned upon compliance with Falmouth Engineering plan entitled Plot Plan for #30 Baker's Road Prepared for Peter Dobyns in Mashpee. Plan Date: June 10, 2012. 2