03/10/2010 ZONING BORD OF APPEALS Minutes

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0 0 Mashpee Zoning Minutes Board of Appeals March 10, 2010 Mr. Furbush read the Petition into the record. Mr. Jason Cox represented the Petitioner and said that the Petitioner desires to install a master bathroom in the 22' x 6.5' addition. He said that this residence has received a number of Special Permits from the ZBA in the past. Mr. Cox stated that the existing dwelling is a non -conforming structure. He asked the Board for a Finding of Fact that the proposal will 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. Mr. Nelson mentioned that the connecting roof to the garage makes the dwelling one structure and therefore, the roof becomes part of the lot coverage. Mr. Blaisdell asked for the existing lot coverage and the proposed lot coverage figures. Mr. Cox did not have that information available. Mr. Furbush said that he needed to have those figures before he would vote on this Petition. Mr. Cox said that the proposal was designed not to exceed the lot coverage, but that he didn't have the exact figures. Mr. Nelson pointed out to the Board that this Petition is requesting a Finding of Fact and that, in this case, the Board is not ruling on lot coverage, square footage or setbacks. He reminded the Board that the Finding of Fact is limited to determining whether the . proposal is substantially more detrimental than the existing non -conforming structure. Mr. Blaisdell agreed. Mr. Furbush said that if the lot coverage exceeds the maximum allowed then he would find it more detrimental. Mr. Nelson said that lot coverage cannot be calculated from the plan and that the Petitioner would be put to a lot of expense for something that is not mandatory. Mr. Furbush defended his viewpoint. No comments were received from abutters. Mr. Nelson moved to grant a Finding of Fact that the proposal will 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. Mr. Blaisdell seconded the motion. Mr. Nelson polled the Board by individuals. Messrs. Dorsey, Bonvie, and Blaisdell voted in favor. Mr. Furbush voted against. Mr. Nelson voted in favor. Motion carried 4 to 1. This Decision is conditioned upon compliance with plan entitled: "BSS Design Engineering & Surveying, Certified Plot Plan Proposed Addition 181 Daniel's Island Road, Mashpee, Massachusetts Prepared for Gordon & Catherine Vanderbrug, date: Feb 26, 2010, job number 10021". CONTINUED HEARINGS FROM JANUARY 13, & FEBRUARY 24, 2010 Joann Wilson: Requests a Special Permit/Finding of Fact under Sections 174-17, 174- 20, 174-24 and Massachusetts General Laws Chapter 40A § 6 for permission to demolish a pre-existing, non -conforming structure on property located in an R-3 zoning district at 12 Rock Island Road (Map 128 Parcel 24) Mashpee, MA.