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MASHPEE Z NI 1G BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Robert J. Garber <br /> 23 Mizzenmast Map 125 Parcel 237) <br /> llashpee, MA 02649 <br /> FfNDING-2015-02 <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 nal re quirement <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 t <br /> initial construction o f the dwelling under provisions o f§174-2 1. Charges, extensions or <br /> .alterations of non-conforming single-or two-family dwelling structures which do not meet <br /> the applicable dimensional requirements as set forth above, and charges, extensions or <br /> alterations of all other non-conforming structures, or non-conforming uses, may not be <br /> made unless there is a written Finding by the ening Board of Appeals that such change, <br /> extension or alteration shall: + <br /> not be substantially more detrimental than the existing non-c of nning <br /> structure or use to the neighborhood, <br /> and, that there is adequate land area to provide sufficient parting 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 thisBy-law, the ening Board of Appeals shall follow the procedures <br /> specified in the General Daws for Special Permits in processing requests for such Findings. <br /> Per T wn Counsel: Section 174-17 f the ZoningBy-laws for a Finding of Fact Cannot <br /> involve a Variance in the Decision/Finding f 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 /> SPECIFIC WRITTEN FINDINGS: <br /> The Board determined that: <br /> 1. The proposed additions will not be substantially more detrimental than the existing <br /> non-conforming structure or use to the neighborhood. <br /> . The additions will be an improvement to the lot and is similar in size and character <br /> to other existing structures in the neighborhood. <br /> + <br /> L <br /> 1 <br />