02/12/2014 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Michael E. Markowski and Alycia Markowski 47 and 51 Redwood Circle(Map 27 Parcel 98 & 99) Mashpee, MA 02649 FINDING-2014-06 "The project met the performance standards for riverfront and bordering vegetated wetlands. All proposed work is taking place in previously disturbed (developed) areas of the property,with the exception of the removal of some hazardous trees behind the existing shed." GENERAL FINDINGS: The subject property located at 47 and 51 Redwood Circle consist of approximately 28,145 square feet. The Board read abutter letters from Karen and David Wolf, at 37 Redwood Circle and Gloria and Steven Stewart at 42 Redwood Circle, in favor of the project. Also a letter from Robert J. Bortolotti, at 39 Redwood Circle not in favor of the project. WRITTEN FINDING CRITERIA: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non- conforming single-or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 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. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a Written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, • and, that there is adequate land area to provide sufficient parking and setbacks as may be required. 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. 3