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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners, Martin A. Clayman and Lorraine A. Clayman <br /> 115 Summersea Road (Map 105 Parcel 72) <br /> Mashpee, MA 02649 <br /> FINDING-2019-41 <br /> WRITTEN FINDING CRITERIA: <br /> ARTICLE V -Nonconforming Buildings and Uses: <br /> §174-17. Continuance; Extensions; Alterations - Lawfully created structures or <br /> uses may be continued, although not conforming with the provisions of this chapter. Non- <br /> conforming single-or two-family dwelling structures may be changed, extended or altered <br /> if such change, extension or alteration complies with the dimensional requirements <br /> applicable to the lot under current provisions of §174-31 or, for lots which have been <br /> developed pursuant to §174-21, complies with such requirements as were applicable to <br /> initial construction of the dwelling under provisions of§174-21. <br /> Changes, extensions or alterations of non-conforming single- or two-family <br /> dwelling structures which do not meet the applicable dimensional requirements as set forth <br /> above, and changes, extensions or alterations of all other non-conforming structures, or <br /> non-conforming uses, may not be made unless there is a written Finding by the Zoning <br /> Board of Appeals that such change, extension or alteration shall: <br /> • not be substantially more detrimental than the existing non-conforming <br /> structure or use to the neighborhood, <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 /> 2 <br />