04/09/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Stephen G. Miller, Trustee 22 Squaws Lane Realty Trust 22 Squaws Lane (Map 117 Parcel 84) Mashpee, MA 02649 FINDING-2014-16 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 conform to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. 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, April 9, 2014 the Zoning Board of Appeals voted unanimously to grant a Written Finding to Stephen G. Miller 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 22 Squaws Lane, (Map 117 Parcel 84), Mashpee, MA. The Board references a plot plan prepared by BSS Design Engineering & Surveying, at 164 Katharine Lee Bates Road, Falmouth, MA, titled; Proposed House Reconstruction at 22 Squaws Lane, Mashpee,MA,prepared for Stephen Miller, scale 1"_ 20', dated February 14, 2014, drawn EJP, TJB job number 13220 revisions; added "4 bedroom" to the house label, limit of work, dimensions to high water February 27, 2014 TJB, added roof drainage and garage construction note. March 23, 2014 TJB, drawing number B21-94. 3