06/22/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Desmond M. and Joan H. Kelly 5 Shore Drive Mashpee, MA 02649 Finding of Fact: FoF-2011-25 SECTION 174-17: Continuance; Extensions; Alterations Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may be made as long as the Zoning Board of Appeals renders a written finding. 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. SPECIFIC FINDINGS The Board determined that: • given the insignificant size and impact of the proposal, the proposal shall not be substantially more detrimental than the pre-existing non-conforming structure or use to the neighborhood. • 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 Finding of Fact. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on June 22, 2011 to grant the Finding of Fact. This Decision is conditioned upon compliance with plan dated May 24, 2011 and signed by Professional Land Surveyor Kevin E. Danahy entitled: "Cyprus Design, Inc. Plot Plan of Land, 5 Shore Drive,Mashpee,MA. Prepared for Desmond Kelly". r 2