1/28/2015 ZONING BOARD OF APPEALS Minutes

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MASHP E ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FIN fTC Aldo R. Esposito and Sandra P. Esposito 25 Sand Dollar Lane (Map 105 Parcel 9 FINDfNG-2015-09 WRITTEN FINDING CRITERIA: ARTICLE V -N n of nning Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully. created structures or uses may be continued, although not conforming Frith the provisions of this chapter. Non- conforming n- c of rming 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 r, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable t initial construction o f the dwelling under provisions of§174-2 1. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth byre, and changes, extensions or alterations ofall other non-conforming stru'ct'ures, 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: 0 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 lays and this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General Lars for Special Permits in processing requests for such Findings. Per Town Counsel: Section 174-17 the Zoning By-laws for a Finding ofFact Cannot involve a Variance in the Decision/Finding f Fact. No such ging `use variance". The Decision ..rust be rendered in two separate statements/decisions if a Variance or Special Permit is involved along with a Written Finding. SPECIFIC WRITTEN FINDINGS: The Board determined that: 1. The proposed additions will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. . The additions will be an improvement to the lot and 1s similar in size and character to other existing structures in the neighborhood. 2