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 M.G.L. c. 40A 0: 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. Specific Written Findings: The Board determined that: 1. The proposal is not substantially more detrimental than the existing non- conforming structure or use to the neighborhood due to the following findings: • The new dwelling will be an enhancement to the property and to the neighborhood. • It will conform to current building code requirements. • It is comparable in size and character to other dwellings in the neighborhood. • The new septic system will be a vast improvement to the property. 2. There is adequate land area to provide sufficient parking and setbacks as may be required. 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 January 9, 2013, 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: • J.C. Ellis Design plan entitled Site & Septic System Upgrade Plan, 2 Rock Island Road, Mashpee, MA. Nicholas & Ann Mabardy, 31 Union Street, Natick, MA 01760, Date: October 18, 2012. Revised: December 13, 2012. Note#15 shall be removed from the plan. • Board of Health approval. • Demolition of the existing dwelling shall not take place until after the Board of Health has conducted a site visit to verify and make a determination on the number of bedrooms. The Board voted unanimously to grant a Special Permit under §174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non-conforming structures. In addition, the Board also voted unanimously to allow the Petitioner the option of relocating the proposed dwelling. If the Petitioner decides to relocate the proposed dwelling, the Board will allow the Petitioner to move the proposed location of the dwelling a maximum of ten feet closer to Rock Island Road than what is proposed on the above-referenced plan. This relocation is contingent upon the following: • Board of Health approval of the relocation of the proposed septic system. • The Petitioner must request an informal hearing with the ZBA and shall submit a revised engineer-stamped plan showing the relocation. 4