09/12/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING: DENIED Janet E. and Barry Krock, Trustees 4 Cross Street Mashpee, MA 02649 Finding-2012-42 the Board's deliberation. The Board carefully and extensively reviewed all of the testimony and the submitted plans. WRITTEN FINDING CRITERIA §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 Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. Although said finding shall not constitute a special permit as defined by the general laws and this by-law, the Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. FINDINGS: 1. The property in question is located at 4 Cross Street, Mashpee, Massachusetts (Assessor's Map 128 Parcel 15). 2. The property contains a total of 5,000 square feet. 3. The property is located in an R-3 zoning district. 4. The minimum lot size in an R-3 zoning district is 40,000 square feet. 5. The minimum frontage in an R-3 zoning district is 150 feet. 6. The setback requirements in an R-3 zoning district are as follows: a. Front—40 feet b. Rear— 15 feet c. Side— 15 feet 7. The maximum lot coverage allowed in an R-3 zoning district is 20%. 8. The maximum lot coverage in aM zoning district in the Town of Mashpee is 25%, and that is for an I-1 (industrial) zoning district. 9. The vast majority of other lots in the vicinity of the locus have maximum lot coverages of 22-23%. 10. The dwelling located on the property is a pre-existing, non-conforming structure. 11. The current dwelling located on the property is 975 square feet and covers 19.5% of the lot. 3