12/14/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Wayne P. Pacheco and Leanne J. Fitzgerald 2 Sunset Circle (Map 64 Parcel 1) Mashpee, MA 02649 FINDING-2022-55 The Board of Health comments were read into the record, "spoke with builder, family room will have a closed cased opening to kitchen, but a new opening will have a cased opening voiding it from definition of a bedroom."The Conservation Department comments were read into the record; "this project was approved by the Commission at their Dec. Bch meeting with conditions of relocating a portion of mitigation closer to the shoreline of Johns Pond." Attorney Kirrane said that the architectural building plans were revised per the Board of Health comments.Under Section 174-17,the Board can make a determination that an extension,alteration or change will not be substantially more detrimental to the neighborhood than what currently exists, and that there is adequate parking as may be required. GENERAL CRITERIA The subject property located at 2 Sunset Circle is approximately 22,531 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 of the 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: • 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. 2