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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A.WRITTEN FINDING <br /> James M. McCadden <br /> 36 Riverside Road (Map 119 Parcel 126) <br /> Mashpee, MA 02649 <br /> FINDING-2017-65 <br /> Per Town Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact <br /> Cannot involve a Variance in the Decision/Finding of Fact. No such thing as "use <br /> variance". The Decision must be rendered in two separate statements/decisions if a <br /> Variance or Special Permit is involved along with a Written.Finding. <br /> The Board determined that: <br /> 1. The proposal will not be substantially more detrimental than the existing non- <br /> conforming structure or use to the neighborhood. <br /> 2. The proposal will be an improvement to the lot and is similar in size and character <br /> to other.existing structures in the neighborhood. <br /> 3. The proposed additions, based upon the plans submitted to the Board, will be <br /> consistent with applicable State and.Town statues, regulations, bylaws and plans, <br /> complies with the dimensional requirements.applicable to the lot under current <br /> provisions of §174-31 (Land Space Requirements Table Footnotes) #18 of the <br /> Popponesset Overly District, or for lots which have been developed pursuant to <br /> §174-21,complies with such requirements as were applicable to initial construction <br /> of the dwelling under provisions of§174-21 Nonconforming lots. <br /> 4. Construction of the dwelling is contingent upon Board of Health final approval. <br /> 5. Construction of the dwelling will conform to current building code requirements. <br /> 6. There is adequate land area to provide sufficient parking and setbacks as may be <br /> required. <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Written Finding. Upon motion duly made and seconded at the Public Hearings on <br /> Wednesday,December 13,2017,the Zoning Board of Appeals voted unanimously to issue <br /> a Written Finding with the following conditions; A Certified Plot Plan—MBLU 119-126, <br /> 36 Riverside Road, Mashpee, MA. Date: Oct. 2, 2017, Scale: 1 '= 30', Drawn: RBS, Job <br /> #: 5356,DWG. CPP,Eastbound Land Surveying,Inc.PO Box 442 Forestdale,MA. Signed <br /> by: Robb Sykes,P.L.S., 10-2-2017,Registered Land Surveyor. Floor Plans--36 Riverside <br /> Road, Mashpee, MA. 1st Floor depicting: Kitchen/Living Room, Mechanical, Bedroom 2, <br /> and Bedroom 3. Conditioned on all Town department comments read into the record, and <br /> conditioned upon the applicant suppling a certified engineered plan showing the lot <br /> coverage with the existing structures, and the proposed additional structures do not exceed <br /> the 20%lot coverage of structures to the Building Department before a building permit can <br /> be issued. <br /> 3 <br />