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 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 of the Zoning By-laws, and conditioned upon the following: • Parcels 88 & 89 have merged and can never be separated in perpetuity by the same realty trust that is the same applicant as recorded on 06/09/2014 of the Quit Claim Deed. • The proposed addition will not be substantially more detrimental than the existing non -conforming structure or use to the neighborhood. • The proposed addition will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. • The proposed addition, 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. • Construction of the dwelling is contingent upon Board of Health final approval. • Construction of the dwelling will conform to current building code requirements. • There is adequate land area to provide sufficient parking and setbacks as may be required. 3