03/10/2010 ZONING BOARD OF APPEALS Minutes

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v'o�Etut_N� 9 c lown of r � MASHPEE ZONING BOARD OF APPEALS 16 Gf•rctt JV�ck Pvoad�Vort,i2 DECISION FOR A FINDING OF FACT 14�lashpee, t la�sachL�setts 02649 SP-10-08 Gordon J. and Catherine Vanderbrug Book 1006 Page 7 181 Daniel's Island Road Certificate Number 122767 Mashpee, MA 02649 Assessor's Map 100 Parcel 39 A Petition was filed on February 19, 2010 by Gordon J. and Catherine Vanderbrug of Lexington, Massachusetts For a Finding of Fact under Section 174-17 of the Zoning By-laws to allow for construction of an addition to an existing home on property located in an R-3 zoning district at 181 Daniel's Island Road (Map 100 Parcel 39) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on February 26, 2010 and March 5, 2010, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, March 10, 2010, at which time the following members of the Board were present and acting throughout: Robert Nelson, Jonathan Furbush, William Blaisdell, John Dorsey, and Ronald Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Mr. Jason Cox of Lewis &Weldon Custom Builders represented the Petitioner and said that the proposal calls for construction of a master bathroom in the 22' x 6.5' addition. He stated that the existing dwelling is a non-conforming structure. Mr. Cox asked the Board for a Finding of Fact that the proposal will not be substantially more detrimental than the existing non- conforming structure or use to the neighborhood. The Board asked for the existing lot coverage and proposed lot coverage figures. Mr. Nelson observed that the Finding of Fact requires that the Board determine whether the proposal is substantially more detrimental than the existing non-conforming structure. He said that, in this case, the Board is not required to render a Decision relating to lot coverage, square footage or setbacks. No comments were received from abutters. FINDING OF FACT CRITERIA: Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law Chapter 40A, Chapter 6, require a finding that the change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required.