09/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Nathan Kalowski, Trustee 35 Waterline South Drive Mashpee, MA 02649 Finding-2012-44 home is use of the deck. Mrs. Kalowski said that the Petition would not pose an adverse impact on other neighbors or on their views. The Board reiterated that it would not grant the Petition with 26.22% lot coverage. Mr. and Mrs. Kalowski requested a continuance of the Petition to allow them an opportunity to consult with an engineer about reducing the size of the proposal. The Board voted unanimously to continue the Petition until October 24, 2012. Attorney Kevin M. Kirrane accompanied Mr. and Mrs. Kalowski to the continued hearings on October 24, 2012. After several meetings with Town Manager Joyce Mason and Town Planner Thomas Fudala, Building Commissioner Richard E. Morgan reversed his prior determination and agrees that the applicable lot coverage for the subject property is 30%. The Board apologized for inconveniencing Mr. and Mrs. Kalowski by delaying the Petition in order to clarify the subdivision status of the property. Attorney Kirrane said that the existing dwelling is non-conforming because it encroaches into the rear setback. It also encroaches into the 50-foot setback to water and wetlands. The proposal is well below the 30% allowed lot coverage. The proposal will be closer to the westerly sideline setback. Ms. Lois Glass, the abutter most directly affected by the proposal, sent an email in favor of the proposal. Mr. Kalowski addressed the Board and said plans call for one of the existing bedrooms to be converted into a playroom for his grandchildren. The existing door to this room will be removed and replaced with a 6-foot cased opening. Mr. Reiffarth noted a discrepancy on the plans describing the dwelling as a four- bedroom house. He said that any Decision in favor of the proposal must stipulate the submission of a revised and accurate BSS Design plan describing the dwelling as a three- bedroom house. No comments were received from abutters. General Findinl1s: The subject property is located at 35 Waterline South Drive and consists of 11,414 square feet of land. Written Finding Criteria: M.G.L. c. 40A §6:Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a Finding by the permit granting authority or that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. §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 2