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 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. 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: • It will be an improvement to the property. • It will conform to current building code requirements. • It is compatible in size and character with other structures in the neighborhood. • It is below the allowed 30% lot coverage. 2. There is sufficient parking. 3. There are 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 October 24, 2012, the Zoning Board of Appeals voted unanimously to grant a Written Finding to allow for the proposal. This Decision is conditioned upon compliance with the following • BSS Design plan entitled: Plot Plan — Proposed Addition at 35 Waterline Drive South, Mashpee, Massachusetts Prepared for Nathan Kalowski. Date: Aug 17, 2012. Referenced plan shall be revised depicting the dwelling as a three-bedroom home. Submission of revised plan to the ZBA office is required prior to issuance of a building permit. • Archi-Tech Associates plan entitled: Additions & Alterations to the Kalowski Residence, 35 Waterline Dr. South, Mashpee, Massachusetts. Date: 8/17/12. • Conservation Commission approval. • Board of Health stipulation restricting the dwelling to three bedrooms. c 3