09/11/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Marceli DeOliviera 106 Wheeler Road (Map 57 Parcel 19) Mashpee, MA 02649 FINDING-2013-35 General Findings: The subject property located at 106 Wheeler Road is approximately 28,800 square feet. Written Findini4 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, 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 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. 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 that the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, as defined under Section 174-27 of the Zoning By-laws, and contingent upon the following:. 2