05/26/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Mark A. Baker 116 Main Street Mashpee, MA 02649 SP-10-20 Y FINDING OF FACT 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 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 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. SPECIFIC FINDINGS: The Board determined that: 1. the proposed construction will be an improvement to the neighborhood. 2. demolition and removal of the condemned structure will be an enhancement to the property and to the neighborhood. 3. the proposed construction will not be substantially more detrimental than the pre-existing, non-conforming structure or use to the neighborhood. 4. there is adequate land area to provide sufficient parking. 5. there is adequate land area so that the proposed construction will conform to all the setback requirements. 6. there is no need for Variance relief from the Zoning By-laws to allow for the proposed construction. In view of the foregoing, the Zoning Board of Appeals found that the Petitioner met the criteria necessary for granting of a Finding of Fact. Upon duly made and seconded, the Zoning Board of Appeals voted unanimously on May 26, 2010 to grant the Finding of Fact to allow for demolition of the existing dwelling and construction of a new home on the subject property. This Decision is conditioned upon compliance with Merrill Associates, Inc. plan entitled: "Plot Plan #116 Main Street, Mashpee, Massachusetts Applicant: Mark Balser 116 Main Street Mashpee,MA 02649 April 15, 2010." 2