03/12/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Donald S. Bellis and Susan E. Dacey-Bellis 150 Waterway(Map 105 Parcel 237) Mashpee, MA 02649 FINDING-2014-11 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. SPECIFIC WRITTEN FINDINGS: The Board determined that: 1. The proposed reconstructed dwelling will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. The new additions 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 Nonconforining lots. 4. Reconstruction of the dwelling is contingent upon Board of Health final approval. 5. Reconstruction 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 March 12, 2014, the Zoning Board of Appeals voted unanimously to grant a Written Finding to allow for the proposal. This Decision is conditioned upon compliance with a plot plan prepared by BSS Design Engineering & Surveying entitled; "Plot Plan-Proposed House and Subsurface Sewage Disposal System", 150 Waterway, Mashpee, MA. Prepared for Don Bellis, scale 1" = 20', dated January 31, 2014, drawn EJP, job number 13103, title sheet 1 of 3,drawing number P21-55.Also Architectural Design Plans submitted by Archi- Tech Associates Inc., entitled Bellis Residence 150 Waterway, Mashpee, MA, Job No: 1314, dated February 6, 2014, scale: as noted, drawn: JLW,pages A4-A5. 4