10/24/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Robert and Alexa M. Fox 42 Tri-Town Circle Mashpee MA 02649 }` Finding-2012-55 General Findings: The subject property is located at 42 Tri-Town Circle and consists of approximately 12,500 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 pennitted 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. • It is well below the 20% lot coverage requirements. 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: • Cotuit Bay Design, LLC entitled: New Addition For: Fox Residence 43 Tri-Town Circle Mashpee, MA. Date: 9/27/2012. 2