1/28/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION ISION FO WRITTEN FINDING Timothy J. Calton and Marr Jane Colton 74 Bluff Avenue (Map 118 Parcel 5 1 . llashpee, IIIA 02649 FENDING-2015-07 WRITT N FINDING CRITERIA: ARTICLE V -Nonconforming Buildings and Uses: 174-1 . 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-famiIy drivelling structures rear be charged, 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§174-2 1. Changes, extensions or alterations of nor -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 detfimental than the existing non-conforming . structure or use to the neighborhood, • and, that them is adequate land area to provide sufficient parting and setbacks as mai be required. Although said Finding shall not constitute a Special Permit as defined by the General laws and this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General Laws for Special Permits in processing requests for such Findings. Per Town Counsel: Section 174-17 of the Zoning -laws for a Finding of Fact Cannot involve a variance in the Decision/Finding of Fact. No such thing as "use variance". The Decision must be rendered 1n two separate statements dec,isi ns if a Van'ance or Special Permit is involved along with a written Finding. SPECIFIC WRITTEN FtNDI GS. The Board determined that: I. The proposed additions will not be substantially more detn*mental than the existing non-conforming structure or use to the neighborhood. 2. The additions will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 2