04/28/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Cheryl Bloom 176 Daniel's Island Road Mashpee, MA 02649 SP-10-12 The entire new structure will be located in the flood plain. Plans show the first floor elevation at 16 feet. The elevation on the existing dwelling is currently at 6.4 feet. Building Commissioner Richard Stevens confirmed that the first floor of the new dwelling has to be at or above the flood plain elevation. No comments were received from abutters. GENERAL FINDINGS: that the subject property is located at 176 Daniel's Island Road and consists of 19,250 square feet of land. W447. CONTINUANCE; EXTENSIONS; ALTERATIONS: Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. 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 Board of Appeals that such 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. Although said finding shall not constitute a special permit as defined by the general laws and this by-law, the Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. SPECIFIC FINDINGS: The Board finds that: 1. the proposal is not substantially more detrimental than the existing non- conforming structure as to setbacks and lot coverage. 2. the installation of the new septic system will be less detrimental than the existing septic system/cesspool. 3. there is adequate land area to provide sufficient parking. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Finding of Fact. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on April 28, 2010 to grant the Finding of Fact. This is conditioned upon compliance with Falmouth Engineering plan entitled: "Plot Plan for 176 Daniel's Island Road Prepared for Ron & Cheryl Bloom in Mashpee, MA. Plan Date: November 17, 2009, Project Number: 09039".