10/24/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS William F. and Rebecca A. Power 6 Deans Hollow Road Mashpee, MA 02649 Finding-2012-53 Mr. Harold Cloran an abutter at 2 Beach Road said that Deans Hollow Road consists of gravel with only one small storm drain in front of the subject property. He said that the road is known to have serious flooding problems and expressed concern that potential runoff from the proposal might worsen the flooding situation. Mr. Slavinsky said that the combination of the proposed four dry wells and the extensive landscaping will contain water runoff completely on the property. Mr. Slavinsky gave Mr. Cloran a copy of the landscaping plan. General Findings: The subject property is located at 6 Deans Hollow Road and consists of approximately 7,125 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. • Installation of the proposed landscaping and drywells will significantly improve overall site conditions and impacts on the surrounding properties, neighborhood, and wetlands. • It is compatible in size and character with other structures in the neighborhood. 2