12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS CJWKC, LLC 36 Fiddler Crab Lane Mashpee, MA 02649 Finding-2011-46 The proposal has received approval from the Board of Health and the Conservation Commission. No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 36 Fiddler Crab Lane and consists of 16,200 square feet of land. §174-17 CONTINUANCE, ALTERATIONS, EXTENSIONS: Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements 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. $174-20 REBUILDING OF DESTROYED OR DAMAGED NON-CONFORMING STRUCTURE: Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise may be rebuilt, subject to approval of the Zoning Board of Appeals. WRITTEN FINDING: The Board determined that the proposal is not substantially more detrimental than the existing non-conforming structure or use to the neighborhood for the following reasons: • replacement of the existing rundown structure will be a significant improvement to the property and neighborhood. • the proposed extensive mitigation planting will be a vast enhancement to the property. • there is adequate parking and sufficient setbacks to accommodate this proposal. • the proposed dwelling will be further away from the street than the existing dwelling. • the proposal conforms to the lot coverage requirements, as well as the side and rear setback requirements. • the Petitioner meets the criteria for grant of Variance relief from the front setback requirements and the setback requirements to water and wetlands. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Written Finding and Special Permit. Upon motion duly made and seconded at the Public Hearings on December 14, 2011, the Zoning Board of Appeals voted unanimously to grant the Written Finding and Special Permit. This Decision is based upon compliance with plans entitled: • "Site Plan 3.6 Fiddler Crab Lane, Mashpee, MA. Engineering by: Engineering Works, Inc. Surveying by: Warner Surveying, Date 4/26/11, Plan Revisions: 6/22/11, 9/28/11, 10/17/11". • Yarosh Associates, Inc. plan entitled: "Brennan Residence 36 Fiddler Crab Lane, Mashpee, MA. Date: 08-18-2011". 2