01/22/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Robert J. Shanahan and Heather Shanahan 72 Spoondrift Way(Map 112 Parcel 41) Mashpee, MA 02649 FINDING-2014-04 SPECIFIC WRITTEN FINDINGS: The Board determined that: 1. The proposal reconstructed dwelling will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. The new dwelling will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 3. The proposed dwelling, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues, regulations, bylaws and plans, complies with the dimensional requirements applicable to the lot under current provisions of §174-31 (Land Space Requirements Table Footnotes) #18 of the Popponesset Overly District, 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 Nonconforming lots. 4. Reconstruction of the dwelling is contingent upon Board of Health final approval. 5. Reconstruction of the dwelling will confonn to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. CONCLUSION: In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, January 22, 2014 the Zoning Board of Appeals voted unanimously to grant a Written Finding under Article V §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre-existing, non-conforming structure to allow for construction of a new single family dwelling on property located in an R-3 Zoning District at 72 Spoondrift Way, (Map 112 Parcel 41), Mashpee, MA. Also,referencing a plot plan of the proposed house and subsurface sewage disposal system upgrade for 72 Spoondrift Way,New Seabury,Mashpee,MA,prepared for Heather & Rob Shanahan, prepared by BSS Design Engineering & Surveying, 164 Katharine Lee Bates Road, Falmouth MA. Scale: 1"= 20', dated November 24, 2013, drawn EJP, TJB, job number 13125, revisions changed house footprint TJB dated December 27, 2013 and wetland offset to closest house corner, TJB dated December 30, 2013, revised pool, patio and house location, TJB dated January 15, 2014. Referencing house plans entitled; The Shanahan Residence 72 Spoondrift Way, New Seabury, MA. Design development 12/26/2013, A-01 through A-08 drawn by John Dvorsack, Architect LLC, 56 Highfield Drive, Falmouth, MA. 3