10/10/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DiVerdi Builders, Inc. 246 Monomoscoy Road Mashpee, MA 02649 Finding-2012-48 At the continued hearings on October 24, 2012, Mr. John Slavinsky of Cape & Islands Engineering submitted a revised plan including the proposed roof-covered landing on the northeasterly side of the dwelling. Existing lot coverage is 22%; proposed lot coverage with the landing will be 21.7%. No comments were received from abutters. General Findings: The subject property is located at 246 Monomoscoy Road and consists of approximately 7,500 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 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 and will conform to current building code requirements. • It is compatible in size and character with other structures in the neighborhood. • Extensive mitigation plantings will offset encroachment of the proposed deck into the 50-foot buffer to wetlands and coastal bank. • Encroaclunent into the side setbacks will be reduced with proposed decks. 2