03/12/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Jay J. Derenzo and Elizabeth A. Derenzo, Trustees 134 Popponesset Island Road (Map 112 Parcel 8) Mashpee, MA 02649 FINDING-2014-14 Mr. Furbush read comments into the record from Conservation and Board of Health; "This project was unanimously approved by the Concom on February 27,2014,no issues", and comments from Board of Health; "Title 5 design plan as approved on 3/7/14 for five bedrooms, no denite required." Mr. Michael Price, Trustee to the 128 Popponesset Island Road abutting to the left of the Derenzo property stated he has no objections to the project,however he is concerned with the noise from the pumps and filters for the pool. He wants to make sure the mechanical building will be equipped with sound proofing. Tim Luff stated the new pool house is about 15.5 feet further away from the property line, and closer to the water. He will work with the landscape architect, the homeowners, and Mr. Price to discuss an appropriate location to put the pool equipment and the best way to insulate the noise. Mr. Kirrane approached the Board and commented on the abutter letters. He stated that it has been suggested that the project was expanding the non-conformity which is not the case. It's a fact,the sideline setbacks are applicable in this zoning district and allows to increase to 15 feet. He stated the project complies with the front yard setback and improving the setbacks to the wetlands, therefore not increasing the non-conforming aspects of this dwelling and reducing the total lot coverage. GENERAL FINDINGS: The subject property located at 134 Popponesset Island Road consists of approximately 27,500 square feet of total land area; 24,100 square feet of upland. WRITTEN FINDING CRITERIA: §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: 3