06/08/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner,Mashpee Tree House, L.L.C. 51 Timberlane Drive,Map 29 Parcel 33B Mashpee,MA 02649 FINDING-2022-22 Mr. Wall referred to footnote 19 in §174-31 which provides that the setback requirements to a house does not apply to an overhang that is not more than two(2) feet. The distance to the front facing wall of the house is 39.2 ft. and the foundation is setback 40.7 ft. The addition is within the 50 ft. setback to wetlands,but is not getting any closer than what currently exists. Mr. Wall mentioned that the Board received comments from the Board of Health that the bedroom is restricted to two bedrooms.He mentioned that Mr. Borselli,who engineered the site, had a conversation with Mr.Harrington,and the dwelling is actually a three bedroom home;two upstairs and one downstairs. There will be no increase in bedrooms. The homeowners plan to reconfigure the basement, and the septic allows for three bedrooms. Mr. Wall pointed out that the addition shown on the site plan depicts a full foundation,and a dark line showing the location of the septic system under a pile foundation. There is no setback requirement for a septic system from pilings as indicated by Mr. Borselli. The Board of Health comments into the record dated June 8,2022. A meeting is scheduled with the Conservation Commission. GENERAL CRITERIA: The subject property located at 51 Timberlane Drive is approximately 12,468 square feet. There were no abutters present. WRITTEN FINDING CRITERIA ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued,although not conforming with the provisions of this chapter.Non-conforming single- or two-family dwelling structures may be changed,extended or altered if such change,extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction ofthe dwelling under provisions of§174-21. Changes, extensions or alterations of non-conforming single-or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, 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 that such change, extension or alteration shall: 2