06/08/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Joan M. Allegrini 146 Waterway Mashpee,MA 02649 Finding of Fact: FoF-2011-21 The Conservation Commission has approved the proposal. The Board of Health has approved replacement of the existing cesspool with a new Title V septic system for a 4-bedroom home. Mr. Slavinsky said that the proposed location of the septic system under the driveway is necessary in order to accommodate the parking areas. No comments were received from abutters. GENERAL FINDINGS The subject property is located at 146 Waterway and consists of 20,826 square feet of land. 4174-17: Continuance, alterations, extensions Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements 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. U74-20: Rebuilding of Destroyed or Damaged Non-conforming Structure Any non-conforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Zoning Board of Appeals. SPECIFIC FINDINGS The Board determined that: • the proposal will significantly enhance the value of the property and neighboring homes; removal of a large portion of the lawn area will be an improvement with elimination of fertilizer and other chemical discharge into the nearby creek and marsh; installation of a new Title V septic system will be an improvement to the property and to the neighborhood; the proposal is consistent with other projects in the area; therefore, such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, such finding specified under Section 174-17 of the By-laws and under M.G.L. Chapter 40A Section 6. • there is adequate land area to provide sufficient parking and setbacks as may be required. • the proposal meets the criteria necessary under Section 174-20 to rebuild a non- conforming structure. • the Petitioner met the criteria necessary for grant of Variance relief from the lot R coverage and front setback requirements and the requirements from water and wetlands. 2