10/08/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING John C. Landsiedel and Debra M. Landsiedel 12 Monomoscoy Road West (Map 114 Parcel 68) Mashpee, MA 02649 FINDING-2014-46 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 the proposal shall not be substantially more detrimental than the pre-existing non -conforming structure or use to the neighborhood, as defined under Section 174-17 and Section 174-20 of the Zoning By-laws, and is conditioned upon the following: 1. Board of Health comments: the proposed house plans provided by Bruce Devlin Design, scale= %"-1.0", dated September 2014, pages 1 of 6, referencing page 2 of 6 needs to be amended as referenced in the redesign of the plan and will need final approval. 2. The shed located on the adjacent lot at 5 Monomoscoy Road West is illegal, and will need to be removed prior to any issuance of building permits. The new dwelling will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 4. The proposed dwelling, 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. 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.