1989 JAN-JUN-ZBA APPEALS - Laserfiche WebLink

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- M P. O. BOX 1108 ®r, MASHPEE. MA 02649 June 3, 1989 r Terry Dunning & Terry Kevin Kirrane Suite A, Shellback Place Box 560 Mashpee, MA 02649 Re: Lot 221 Waterway Map 105, lot 192 Dear Mr. Kirrane, We are in receipt of your letter of April 28, 1989, in which you refer to MGL, chapter 40A, section 7 enforcement. We do enforce zoning bylaws against persons who are allegedly in violation. In reviewing the Shindler special permit, case #SP-88-10-097, we find the following. The Shindler property is nonconforming. Our assessor's records show the house was built in 1967-68. The zoning at the time was 71 feet or 10 feet according to the date of acceptance. The original house setback was 7.5 feet, which may have been legal according to when the building permit was pulled and when the zoning change went into effect. MGL, chapter 40A, section 6 allows nonconforming structures to be extended, changed or altered, after findings of granting authority. Mashpee zoning bylaw, section 5. 1 allows nonconforming structures to be changed, intensified, extended or enlarged in any manner as permitted by the board of appeals. Neither laws address nor limit specific nonconformity, nor do they restrict action by the board to the specific nonconformity. Reading the laws I would take it that once a property is nonconforming in onespecific nonconformity, the whole property is considered nonconforming in general, which then by law is under the authority of the board of appeals. In reviewing you assumed presumption of an appearance of a zoning violation by exceeded lot coverage in which a variance would be required, 1, at this time cannot find in chapter 40A, section 9 nor chapter 40A, section 10 any section that specifically requires a variance over a special permit or limits a special permit. Section 9 allows for a special permit.