09/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS George H. Ryan III 180 Ninigret Avenue Mashpee, MA 02649 Finding -2012-40 General Finding: The subject property is located at 180 Ninigret Avenue and consists of 7,800 square feet of land. 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 Zoning Board of Appeals. 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 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: • Removal of the Petitioner's two sheds and relocation of the fence currently located within the right of way will be an improvement. • Relocation of a third shed further away from the property line will be an improvement. • The proposed increase in lot coverage is minimal. 2. There is sufficient parking and setbacks as may be required. 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 September 12, 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 the Board of Health restriction and submission of a revised plan showing the following: • Removal of two of the sheds. • Relocation of the large shed currently in the right of way to the subject property one foot from the driveway. • Relocating the fence so that it is placed completely on the Petitioner's property. • The proposed total lot coverage. On September 17, 2012, the ZBA office received revised plans from Cape & Islands Engineering entitled: "Proposed Plot Plan Located in Mashpee, Mass. Prepared for George Ryan, Date: June 8, 2012. Revd. Sept. 14, 2012. Proposed Lot Coverage=23%. 2