12/10/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Jeffrey M. Wiesen and Elaine Wiesen 30 Wheelhouse Lane (Map 120 Parcel 162) Mashpee,MA 02649 FINDING-2014-57 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 of the Zoning By-laws, and conditioned upon the following: Must obtain a revised plot plan corrected, stamped, and signed by a.certified engineering firm. Must obtain Board of Health approval. ® Must obtain Conservation Commission approval. 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 will conform to current building code requirements. ® 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 December 10, 2014, the Zoning Board of Appeals voted unanimously to grant a Written Finding to Jeffrey M. and Elaine Wiesen under §174-17 of the Zoning By-laws to raze and replace a detached single-car garage, and replace it with a new 24' x 24' detached two car garage on property located in an R3 Zoning District at 30 Wheelhouse Lane, (Map 120 Parcel 162),Mashpee,MA. Included in this motion,the petitioner must provide a corrected plot plan as conditioned. Also, including plans provided by Harold Capone Residential Design, 5 Spinnaker Street, Sandwich,MA, A-1 and A-2, dated 10/27/2014. 3