11/09/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS James L. Galvin III, Trustee 27 Popponesset Island Road . Mashpee, MA 02649 Finding-2011-40 GENERAL FINDINGS: The subject property is located at 27 Popponesset Island Road and consists of 16,200 square feet of land. §174-17: 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. SPECIFIC FINDINGS: The Board determined that: • the proposal is not out of character with the neighborhood; addition of the garage improves the available parking; 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. • the Board of Health has approved the proposal. • the Petitioner meets the criteria necessary.for grant of Variance relief from the front setback requirements. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Written Finding under Section 174-17 of the Zoning By-laws. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on November 9, 2011 to grant the Written Finding to allow for the proposal. This Decision is conditioned upon compliance with the following: • Conservation Commission approval. • Warwick & Associates, Inc. plan entitled: "Site Plan Proposed Garage and Pool For James L. Galvin III, Trustee, 27 Popponesset Island Road, New Seabury, Mashpee, Mass. Date: 04/25/2011, Rev: 09/16/2011". • RESCOM Architectural Inc. plan entitled: "Floor Plans & Site Plan. The Galvin Residence 27 Popponesset Island Road New Seabury, Mashpee, Massachusetts. Date: 08-16-11". 2