01/25/2023 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Mark J. Winters and Melissa A. Winters 112 Waterway(Map 105 Parcel 219) Mashpee, MA 02649 FINDING-2023-06 The Board discussed the proposed site plan and noticed that the northerly side yard setback as 13.1 ft. to the step, and did not depict the dimension from the northerly side yard to the existing house structure. The Board requested revised site plans of the existing and proposed showing the northerly side yard setback to the existing house structure. GENERAL CRITERIA The subject property located at is approximately 15,306 square feet. There were no abutters present. The Conservation Department comments dated January 24, 2023 were into the record; "This proposal was continued to January 26 h to allow time for the applicant to provide proof of application to the Zoning Board. Additional conditions of added mitigation plantings and a prohibition on the use of fertilizer on the lawn in perpetuity. No other issues with this application and I assume it will be approved on Thursday, Jan.261h. I recommend the ZBA proceed with their review as scheduled. The Board of Health comments dated January 17, 2023 were read into the record; "Septic is in front of house, no encroachment and no increase in flow. "No concerns from the Health Department." 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, 2