01/23/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Jason A. and Tara A. Andrade 2 Huron Avenue Mashpee, MA 02649 Finding-2013-03 Written Findinp,Criteria: 17� 4-17: 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. 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 Pen-nits in processing requests for such Findings. M.G.L. c. 40A 0: Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a Finding by the permit granting authority or that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. Specific Written Findings: The Board determined that: 1. The proposal is not substantially more detrimental than the existing non- conforming structure or use to the neighborhood due to the following: • The addition will be an enhancement to the property and to the neighborhood. • It will conform to current building code requirements. • It is comparable in size and character to other additions in the neighborhood. 2. There is adequate land area to provide sufficient parking and setbacks as may be required. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Written Finding. Upon motion duly made and seconded at the Public Hearings on January 23, 2013, the Zoning Board of Appeals voted unanimously to grant a Written Finding to allow for the proposal. This Decision is contingent upon compliance with the following: Christopher Costa & Associates' plan entitled: Certified Plot Plan, Town: Mashpee, MASS. Donald Rose. Date: 10/27/95. Ref.: Revised l l/1/95. Detailed sketch plan submitted by Petitioner. 2