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e <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Robert M. Valletta <br /> 112 Captains Row (Map 96 Parcel 17) <br /> Mashpee, MA 026149 <br /> FINDING-2014-30 <br /> Although said Finding shall not constitute a Special Permit as defined by the <br /> General laws and this By-law, the Zoning Board of Appeals shall follow the procedures <br /> specified in the General Laws for Special Permits in processing requests for such Findings. <br /> Per Town Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact cannot <br /> involve a Variance in the Decision/Finding of 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 /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Written Finding under Article V §174-17. Upon duly made and seconded at the Public <br /> Hearings on June 25, 2014, to allow for construction of a spiral staircase to access second <br /> story deck on property located in an R-3 Zoning District at 112 Captains Row (Map 96 <br /> Parcel 17), Mashpee, MA. This motion is contingent upon satisfaction by Conservation, <br /> and any amendment would require returning to the Zoning Board of Appeals. This also <br /> requires Board of Health approval. The shed will be removed completely and not be <br /> replaced. The Board finds that the proposal is not substantially more detrimental than the <br /> pre-existing, non-conforming structure and the new dwelling will be an improvement and <br /> conform to current building code requirements,is comparable in size and character to other <br /> structures in the neighborhood, and has sufficient parking and setbacks as may be required. <br /> Also, referencing a plan provided by BSC Group, 349 Route 28, Unit D West <br /> Yarmouth, MA. Prepared for Shea Custom Carpentry, PO Box 503 South Dennis, MA, <br /> titled; Existing Conditions Plan with Proposed Stairs at 112 Captains Row, Mashpee,MA, <br /> Barnstable County dated February 26, 2014, drawing number is 6235-01. Referencing <br /> Addition &Renovations to The Valetta Residence, 112 Captains Row, Mashpee, MA, by <br /> W.B. Daniels, Design Services, PO Box 737, West Dennis, MA 02670 dated 8/14/2013, <br /> and Pages Al through A5. <br /> 3 <br />