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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owner,Mashpee Tree House, L.L.C. <br /> 51 Timberlane Drive,Map 29 Parcel 33B <br /> Mashpee, MA 02649 <br /> FINDING-2022-22 <br /> • not be substantially more detrimental than the existing non-conforming structure or <br /> use to the neighborhood, <br /> • and,that there is adequate land area to provide sufficient parking and setbacks as may <br /> be required. <br /> Although said Finding shall not constitute a Special Permit as defined by the General laws and <br /> this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General <br /> Laws for Special Permits in processing requests for such Findings. Per Town Counsel: Section <br /> 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve a Variance in the <br /> Decision/Finding of Fact. No such thing as "use variance". The Decision must be rendered in <br /> two separate statements/decisions if a Variance or Special Permit is involved along with a <br /> Written Finding. <br /> The Board determined that: <br /> 1. The proposal will not be substantially more detrimental than the existing non-conforming <br /> structure or use to the neighborhood. <br /> 2. The proposal will be an improvement to the lot and is similar in size and character to <br /> other existing structures in the neighborhood. <br /> 3. The proposed additions,based upon the plans submitted to the Board,will be consistent <br /> with applicable State and Town statues,regulations,bylaws and plans,complies with the <br /> dimensional requirements applicable to the lot under current provisions of §174-31 <br /> (Land Space Requirements Table Footnotes) #18 of the Popponesset Overly District, or <br /> for Iots which have been developed pursuant to §174-21, complies with such <br /> requirements as were applicable to initial construction of the dwelling under provisions <br /> of§174-21 Nonconforming lots. <br /> 4. Construction of the dwelling is contingent upon Board of Health final approval. <br /> 5. Construction of the dwelling will conform to current building code requirements. <br /> 6. There is adequate land area to provide sufficient parking and setbacks as may be required.. <br /> 3 <br />