08/28/2013 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS John A. and Cynthia Bartos 28 Valerie Circle (Map 37 Parcel 80A) Mashpee, MA 02649 FINDING-2013-29 General Finding: The subject property located at 28 Valerie Circle consists of approximately 12, 532 square feet. Written Finding Criteria: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming to 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 Board of Appeals that such change,extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that 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 Board of Appeals shall follow the procedures specified in the general laws for special. permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. History:Amended 10-4-1993 ATM,Article 24,approved by Attorney General 10-18-1993. History:Amended 10-17-2005 ATM,Article 22,approved by Attorney General 3-7-2006. In view of the foregoing, the Board determined the Petition met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on August 28, 2013, the Zoning Board of Appeals voted unanimously to grant a Written Finding to allow for the proposal. This Decision references a certified plot plan for John & Cynthia Bartos, 28 Valerie Circle, Mashpee, MA prepared by BSS Design Engineering & Surveying, scale 1" = 20, dated April 30, 2013, drawn by EJP, job number 13056, drawing number P21-39. Building plans require final Building Department approval. 2