05/11/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Raymond P. Esper 11 Childs Road Mashpee,MA 02649 FoF-2011-15 Mr. Paul C. Danielle, a direct abutter at 225 Monomoscoy Road, sent a letter in support of the proposal. No other comments were received from abutters. GENERAL FINDINGS: The subject property is located at 11 Childs Road and consists of approximately 4,000 square feet of land. SECTION 174-17: FINDING OF FACT: 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 Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing non- conforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. SPECIFIC FINDINGS: The Board determined that the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood for the following reasons: • the renovations have improved the appearance of the home; • the proposed increase in lot coverage is de minimis; • there is adequate land area to provide sufficient parking as may be required; • abutting homes encroach further into the setback to Childs Road than the subject home. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Finding of Fact. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on May 11, 2011 to grant the Finding of Fact. This Decision is conditioned upon compliance with Sweetser Engineering Plan entitled: "l 1 Childs Road As-Built Plot Plan Mashpee, Mass. Lots 657 &658,PL. BK. 27 Pg. 27, Date 4/12/11, Job 7017-00". 2