10/27/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Stephen M. and Constance R. Goulet 207 Monomoscoy Road Mashpee, MA 02649 SP-10-41 SECTION 174-17: Changes, extensions or alterations of non-conforming single-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 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. SECTION 174-20: Any non-conforming building or structure destroyed or damaged by fire, flood lightning,wind or otherwise may be rebuilt, subject to approval of the Board of Appeals. M.G.L. CHAPTER 40 SECION 6: Pre-existing nonconforming structures or uses may be extended or altered,provided,that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. SPECIFIC FINDINGS: The Board determined that: • With removal of the existing carport and reduction of the lot coverage, the proposal will be an improvement to the subject property and therefore, shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. • The proposal is similar to other raze-and replace construction projects on Monomoscoy Road that have received ZBA approval; therefore the proposal shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. • The proposed construction will result in a three-bedroom dwelling that will conform to current building codes and will be an improvement to the neighborhood. • Relocation of the parking area from Monomoscoy Road onto the subject property will be a vast improvement of the local traffic issues;therefore,there is adequate land area to provide sufficient parking as may be required. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for grant of his Petition. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on October 27,2010 to grant a Special Permit and Finding of Fact under Sections 174-17 and 174-20 of the Zoning By-laws and M.G.L. Chapter 40A Section 6 for permission to demolish a pre-existing,non-conforming structure and replace it with construction of a single-family residence on the property located at 207 Monomoscoy Road. The Board also granted Variance relief of 2.8 feet from the side setback requirements, 24.5 feet from the front setback requirements from Overland Road, 18 feet from the front setback requirements from Monomoscoy Road, and 1% from the lot coverage requirements. This Decision is conditioned upon compliance with JC Engineering, Inc. plan entitled: "Proposed Site Plan at 207 Monomoscoy Road Mashpee,MA Prepared for: Capewide Enterprises Date: September 28, 2010". 2