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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Thomas J. Murray and Kristin E. Murray <br /> 118 Waterway(Map 105 Parcel 22 0) <br /> Mashpee, MA 02649 <br /> FINDING-2017-05 <br /> • and, that there is adequate land area to provide sufficient parking and setbacks <br /> as may be required. <br /> Although said Finding shall not constitute a Special Permit as defined by the <br /> General laws and this By-law, the Zoning Board of Appeals shall follow the procedures <br /> specified in the General Laws for Special Permits in processing requests for such Findings. <br /> Per Town Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact Cannot <br /> involve a Variance in the Decision/Finding of Fact. No such thing as "use variance". The <br /> Decision must be rendered in two separate statements/decisions if a Variance or Special <br /> 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 project, 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 Nonconf6rming 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 /> GENERAL CRITERIA: <br /> The subject property located at 118 Waterway is approximately 17,500 square feet. <br /> There were no abutters present. <br /> 3 <br />