06/09/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Affordable Housing Association of New England 66-72 Main Street Mashpee,MA 02649 SP-10-21 9. The Petitioner does not have easements to enter upon, or use for access purposes, the property located at 78 Main Street, Mashpee, MA and/or the property located to the rear of the Subject Property and owned by owners unknown. 10. The Subject Property does not have sufficient access for emergency vehicles, including the Town's fire trucks. 11. The access of emergency vehicles onto the Subject Property (particularly the back units of the motel) would require access on and over abutting properties not owned by the Petitioner. 12. Front access to the Subject Property is not paved and is obstructed by a pool. 13. Allowing the Petitioner's application would result in an increase in noise and other disturbances in the neighborhood. 14. The Subject Property is not properly equipped for long-term occupancy as it does not have the necessary facilities for long-term residents. 15. The Petitioner submitted a copy of a hand-drafted parking plan of the Subject Property. 16. Despite repeated requests, the Petitioner failed to submit an engineer's sampled parking plan for review by the Board. 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 nonconforming 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. 2