12/13/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING James M. McCadden 3 6 Riverside Road(Map 119 Parcel 126) Mashpce, MA 02649 FINDING-2017-65 Building Commissioner, Mike Mendoza made a suggestion that the Board can make a condition that the applicant has to submit a site plan with the necessary information on that plan, as long it doesn't exceed the 20% lot coverage he can pursue a permit. If it doesn't have the information, either way he would have to re-advertise because he's only asking for a Written Finding and no relief for lot coverage. Associate Member, Sharon read the Inspection Department comments into the record. Mr. Blaisdell read the Conservation Comments and-the Board of Health into the record; "Septic inspection report on file covers the requirement for increase in flow. 1995 septic permit was approved for 3 bedrooms. Floor plans have been reviewed and are acceptable for 3 bedrooms." There were no more comments from the Board or audience. 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, • 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 Zoning.Board of Appeals shall follow the procedures specified in the General Laws for Special Permits in processing requests for such Findings. 2