Laserfiche WebLink
MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owner, Thora J. Christo <br /> 54 Bayberry Drive (Map 23 Parcel 202) <br /> Mashpee, MA 02649 <br /> FINDING-2022-04 <br /> WRITTEN FINDING CRITERIA: <br /> ARTICLE V -Nonconforming Buildings and Uses: <br /> §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may <br /> be continued,although not conforming with the provisions of this chapter.Non-conforming <br /> single- or two-family dwelling structures may be changed, extended or altered if such <br /> change, extension or alteration complies with the dimensional requirements applicable to <br /> the lot under current provisions of§174-31 or,for lots which have been developed pursuant <br /> to §174-21, complies with such requirements as were applicable to initial construction of <br /> the dwelling under provisions of§174-21. <br /> Changes, extensions or alterations of non-conforming single- or two-family dwelling <br /> structures which do not meet the applicable dimensional requirements as set forth above, <br /> and changes, extensions or alterations of all other non-conforming structures, or non- <br /> conforming uses, may not be made unless there is a written Finding by the Zoning Board <br /> of Appeals that such change, extension or alteration shall: <br /> • not be substantially more detrimental than the existing non-conforming <br /> structure or use to the neighborhood, <br /> • and, that there is adequate land area to provide sufficient parking and setbacks <br /> as may be required. <br /> Although said Finding shall not constitute a Special Permit as defined by the General laws <br /> and this By-law, the Zoning Board of Appeals shall follow the procedures specified in the <br /> General Laws for Special Permits in processing requests for such Findings. Per Town <br /> Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve a <br /> Variance in the Decision/Finding of Fact. No such thing as "use variance". The Decision <br /> must be rendered in two separate statements/decisions if a Variance or Special Permit is <br /> involved along with a Written Finding. <br /> The Board determined that: <br /> 1. The proposal will not be substantially more detrimental than the existing non- <br /> conforming structure or use to the neighborhood. <br /> 2. The proposal will be an improvement to the lot and is similar in size and character <br /> to other existing structures in the neighborhood. <br /> 3 <br />