10/26/2011 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Cornelius A. and Maureen Ferris 38 Seconsett Point Road Mashpee, MA 02649 SP-2011-37 Building Commissioner Richard E. Morgan assured the Board that construction will not exceed the footprint of the submitted plan. No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 38 Seconsett Point Road and consists of 18,860 square feet of land. W447: 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. &174-20• 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; mitigating planting on the property will be an improvement; installation of a new septic system will be an upgrade to the property; 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 Petitioner meets the criteria necessary under Section 174-20 of the By-laws pertaining to Rebuilding of Destroyed or Damaged Non-conforming Structure. • the Petitioner meets the criteria necessary for grant of Variance relief from the frontage requirements. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Finding of Fact under Section 174-17 and a Special Permit under Section 174-20 of the By-laws. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on October 26, 2011 to grant the Finding of Fact and Special Permit to allow for demolition of a pre-existing, non- conforming dwelling to be replaced with construction of a single-family home on the subject property. 2