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MASHPEE ZONING BOARD OF APPEALS <br />DECISION FOR A WRITTEN FINDING <br />Ralph J. Cook, Jr. and Susan R. Cook <br />8 Annawon Road (Map 65 Parcel 38A) <br />Mashpee, MA 02649 <br />FINDING-2020-39 <br />Although said Finding shall not constitute a Special Permit as defined by the General laws <br />and this By-law, the Zoning Board of Appeals shall follow the procedures specified in the <br />General Laws for Special Permits in processing requests for such Findings. Per Town <br />Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve a <br />Variance in the Decision/Finding of Fact. No such thing as "use variance". The Decision <br />must be rendered in two separate statements/decisions if a Variance or Special Permit is <br />involved along with a Written Finding. <br />SPECIFIC FINDING CRITERIA: <br />The Board had a discussion regarding the abutter's concerns, and determined that the <br />Petition that was presented to them only included the reconstruction of the upper deck, and <br />not the existing wall or patio. The upper and lower decks were built 18-20 years ago are <br />considered pre-existing. <br />1. The 2 ft. expansion of the deck is not encroaching within the 50 ft. buffer of the <br />wetlands, and does not require a Variance under § 174-33 (Setback from water and <br />wetlands), or from § 174-31 (Land Space Requirements). <br />2. The proposal will not be substantially more detrimental than the existing non- <br />conforming structure or use to the neighborhood. <br />3. 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 />4. The proposed addition, 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 />5. Construction of the dwelling is contingent upon Board of Health final approval. <br />6. Construction of the dwelling will conform to current building code requirements. <br />7. There is adequate land area to provide sufficient parking and setbacks as may be <br />required. <br />3 <br />