10/13/2021 ZONING BOARD OF APPEALS Minutes (2)

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Richard J. Weishaus and Janet E. Weishaus 49 Fells Pond Road (Map 116 Parcel 9) Mashpee, MA 02649 FINDING-2021-57 Although said Finding shall not constitute a Special Permit as defined by the General laws and this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General Laws for Special Permits in processing requests for such Findings. Per Town Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve,a Variance in the Decision/Finding of Fact. No such thing as "use variance". The Decision must be rendered in two separate statements/decisions if a Variance or Special Permit is involved along with a Written Finding. The Board determined that: 1. The proposal will not be substantially more detrimental than the existing non- conforming structure or use to the neighborhood. 2. The proposal will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 3. The proposed additions, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues, regulations, bylaws and plans, complies with the dimensional requirements applicable to the lot under current provisions of §174-31 (Land Space Requirements Table Footnotes) #18 of the Popponesset Overly District, or for lots which have been developed pursuant to §174-21,complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21 Nonconforming lots. 4. Construction of the dwelling is contingent upon Board of Health final approval. 5. Construction of the dwelling will conform to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, October 13, 2021, the Zoning Board of Appeals voted unanimously to issue a Written Finding to Owners, Richard J. and Janet E. Weishaus requesting a Written Finding under §174-17 of the Zoning Bylaws to allow for an addition, extension of a pre-existing non- conforming single family dwelling on property located in an R-3 Zoning District, at 49 Fells Pond Road, Map 116 Parcel 9, Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 3