07/10/2024 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Christopher Kilburn and Maureen Kilburn 37 Driftwood Circle, Map 125, Parcel 197 Mashpee, MA 02649 FINDING-2024-30 GENERAL FINDINGS The subject property located at 37 Driftwood Circle has 14,205 square feet of land. The subject lot is located in the Little Neck Cluster Subdivision and has the following minimum dimensional requirements: Minimum Lot Size— 15,000 square feet Minimum Frontage—75 feet Minimum Front Yard Setback—30 feet Minimum Side Yard Setbacks— 15 feet Minimum Rear Yard Setback—20 feet The Board of Health comments dated July 8, 2024 were read into the record; "Porch is second means of egress to house. Cannot be used as a sleeping room. House to remain 4 bedrooms. " The Conservation Department comments dated July 8, 2024 were read into the record; "Resource Areas:LSCSF Administrative Approval was issued due to replacement of existing sono tubes with Big Foot footings and rebuild of existing deck in same footprint. " There were no abutters present. WRITTEN FINDING CRITERIA ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 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. 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 Zoning 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, 2