12/12/2001 ZONING BOARD OF APPEALS Decisions

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i Mashpee Zoning Jeannette J. Lazarovich V-01-127 3 Board of Appeals 8. the first "except" clause of the statute (Chapter 40A § 6) is concerned with the application of zoning ordinances and by-laws to non-conforming "structures '. or uses, to any change in or substantial extension of such a "use", and to the alteration of such a "structure." 9. the ensuing sentence speaks of not permitting extensions or alterations of "[p]re-existing non-conforming structures or uses" unless there is a finding by the permit or special permit authority that such change, extension or alteration "shall not be substantially more detrimental than the existing non- conforming use to the neighborhood" -the Board finds that the use shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. i 10. there is nothing on the face of the fourth paragraph of§ 6 to suggest that it was intended to apply to anything but vacant land. The only reference to a building is found in the last sentence of the paragraph, which sets out one of the circumstances (not applicable here) in which a "lot" may be "built upon." The immediate statutory ancestor of the fourth paragraph(G.L.c. 40A, § 5A, as in effect prior to St. 1975, c. 808, § 3) applied to original construction on � vacant lots but not to alterations of existing structures which had become j non-conforming. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of the request. Upon motion duly ! j made and seconded, the Zoning Board of Appeals voted unanimously on January 9, 2002 j and determined that the property located in an R-5 zoning district at 11 Pondview Avenue, Mashpee, Massachusetts (Map 58 Parcel 79) is a separate and buildable lot. � I x i � I I I ' I i.