03/12/2014 ZONING BOARD OF APPEALS Decision

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incorporating an in-ground swimming pool, and a dock. The Trustee Property is shown as Lot 50 on the 1958 Plan, contains 32,920 square feet, and has frontage of 125 feet on Popponesset Island Road. The Plaintiff Property and the Trustee Property abut. 3. The Plaintiff Property and the Trustee Property are both located in the R-3 Residential Zoning District, The R-3 Residential Zoning District requires a lot area of 40,000 square feet and a frontage of 150 feet. As a result, both the Plaintiff Property and the Trustee Property are non- conforming lots. 4. The Original House and other structures on the Trustee Property (the sheds,raised patio and pool) are non-conforming due to a failure to meet the Mashpee Zoning By-Law(the`By-Law") requirements regarding setback from a wetland and percentage of lot coverage. According to the Existing Conditions'Plot Plan (Sheet #1) dated February 13, 2014 and prepared by BSS Design ("Plot Plan 1"),the Original House has a setback of 46 feet from the coastal wetland banks (50 feet required), and the swimming pool has a setback of 21 feet from the coastal wetland bank (50 feet required).Additionally, the existing lot coverage, including accessory structures(the sheds,raised patio and pool),is 25.68%(maximum 20%required). 5. On February 14,2014,the Trustees filed an application(the"Application")with the ZBA for a Specific Finding under Section 174-17 of the By-Law4 to change,extend and alter the existing non-conforming structures on the Trustee Property by razing and replacing the Original House, 3 G.L.c. 131 §40 defines the term"coastal wetlands"as any bank,marsh,swamp,meadow,flat or other lowland subject to tidal action or coastal storm flowage. 4 Section 174-17 of the By-law states,in part; "Changes,extensions,or alterations of nonconforming single-or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above. . .may not be made unless there is a written finding by the Board of Appeals that such change,extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land to provide sufficient parking and setbacks as may be required," 3