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MASHPEE ZONING BOARD OF APPEALS <br />DECISION FOR A WRITTEN FINDING <br />James R. Loew and Sandra A. Loew <br />35 Highview Avenue (Map 50 Parcel 4) <br />Mashpee, MA 02649 <br />FINDING-2020-38 <br />WRITTEN FINDING CRITERIA: <br />ARTICLE V - Nonconforming Buildings and Uses: <br />§174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may <br />be continued, although not conforming with the provisions of this chapter. Non -conforming <br />single- or two-family dwelling structures may be changed, extended or altered if such <br />change, extension or alteration complies with the dimensional requirements applicable to <br />the lot under current provisions of § 174-31 or, for lots which have been developed pursuant <br />to §174-21, complies with such requirements as were applicable to initial construction of <br />the dwelling under provisions of § 174-21. <br />Changes, extensions or alterations of non -conforming single- or two-family dwelling <br />structures which do not meet the applicable dimensional requirements as set forth above, <br />and changes, extensions or alterations of all other non -conforming structures, or non- <br />conforming uses, may not be made unless there is a written Finding by the Zoning Board <br />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 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 />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 />