10/08/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Robert M. Hackett and Marjorie A. Hackett 10 Stanley Road (Map 114 Parcel 88 & 89) Mashpee, MA 02649 FINDING-2014-45 Mr. Kirrane provided the Board with a copy of the two deeds that depict four lots; "608, 609, 610 and 611 ", and were recorded on 6/9/2014. Mr. Kirrane said the Hackett's took over the adjacent lot by deed. Mr. Blaisdell read the Board of Health comments into the record; "Septic repaired in June for (2) two bedrooms. No comments on the deck required." The Conservation Commission comments; "approved the 10 Stanley Road application". GENERAL FINDINGS: The subject property located at 10 Stanley Road (Parcel 88 & 89), is approximately 6,112 square feet. There were no abutters present. 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, 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. 10