12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Nicholas S. and Ann K. Mabardy 2 Rock Island Road Mashpee, MA 02649 Finding-2012-65 Hearing. The proposed septic system will be installed in front of the dwelling. The dwelling will be located further away from Rock Island Road. The overall length of the building has been reduced by an additional foot. The existing dwelling is 1,263 square feet; the proposal calls for a 1,210-square foot dwelling. Existing lot coverage is 31.6%; proposed lot coverage is 30.25%. The Board discussed the engineer's notation on the site plan referring to a two- bedroom deed restriction. Attorney Kirrane said that the Board of Health has the ultimate authority to determine the number of bedrooms. After seeing the compromises made by the Mabardy family and speaking to Town Counsel, Mr. Furbush said that he cannot oppose the proposal. By relocating the proposed dwelling and reducing its size, the Petitioner has worked diligently to mitigate abutters' concerns. Mr. Bonvie said that the Board is not setting precedent with this determination and reminded everyone that each Petition stands on its own merit. Mr. James Collins, abutter at 4 and 6 Rock Island Road, said that, at the previous Public Hearing, he objected to the proposed location of the house being closer to Rock Island Road than the abutting homes. At this Public Hearing, he is criticizing the proposal because the dwelling will not line up with the other homes on the street. Attorney Kirrane said that Mr. Mabardy moved the house in response to Mr. Collins' complaints about it being too close to Rock Island Road. No other comments were received from abutters. General Findings: The subject property is located at 2 Rock Island Road and consists of 4,000 square feet of land. Written Finding Criteria: 17� 4_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 Pen-nits in processing requests for such Findings. 3