11/13/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Richard J. Cleary and Janet M. Cleary 16 Spoondrift Way(Map 111 Parcel 121) Mashpee, MA 02649 FINDING-2013-52 Mr. Furbush read the Conservation comments dated December 6, 2013; "In regard to the proposed project at 16 Spoondrift Way. I have met with the engineer on site and we went over what is being proposed. The engineer also presented a preliminary plan of proposed activities, including mitigation for slight encroachments closer to the wetland edge (still outside the 50' buffer). This project, as presented in preliminary review also appears to meet all applicable performance standards for areas within the buffer zone to coastal bank and salt marsh as well as Land Subject to Coastal Storm Flow. I do not anticipate any issues with this proposal when it comes before the Conservation Commission at our January 9th hearings." GENERAL FINDINGS: The subject property located at 16 Spoondrift Way consists of approximately 15, 200 square feet. WRITTEN FINDING 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. 3