Laserfiche WebLink
MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners, John H. Nocera and Susan M.Nocera <br /> 8 Helmsman Place (Map 105 Parcel 243) <br /> Mashpee, MA 02649 <br /> FINDING-2023-03 <br /> GENERAL CRITERIA <br /> The subject property located at 8 Helmsman is approximately 10,332 square feet. <br /> There were no abutters present. There were no more comments from the Board. <br /> WRITTEN FINDING CRITERIA <br /> ARTICLE V -Nonconforming Buildings and Uses: <br /> §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be <br /> continued, although not conforming with the provisions of this chapter. Non-conforming single- <br /> or two-family dwelling structures may be changed, extended or altered if such change, extension <br /> or alteration complies with the dimensional requirements applicable to the lot under current <br /> provisions of§174-31 or, for lots which have been developed pursuant to §174-21, complies with <br /> such requirements as were applicable to initial construction of the dwelling under provisions of <br /> §174-21. <br /> Changes, extensions or alterations of non-conforming single- or two-family dwelling structures <br /> which do not meet the applicable dimensional requirements as set forth above, and changes, <br /> extensions or alterations of all other non-conforming structures, or non-conforming uses, may not <br /> be made unless there is a written Finding by the Zoning Board of Appeals that such change, <br /> extension or alteration shall: <br /> • not be substantially more detrimental than the existing non-conforming structure or use <br /> 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 this <br /> By-law, the Zoning Board of Appeals shall follow the procedures specified in the General Laws <br /> for Special Permits in processing requests for such Findings. Per Town Counsel: Section 174-17 <br /> of the Zoning By-laws for a Finding of Fact Cannot involve a Variance in the Decision/Finding of <br /> Fact. No such thing as "use variance". The Decision must be rendered in two separate <br /> statements/decisions if a Variance or Special Permit is 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-conforming <br /> structure or use to the neighborhood. <br /> 2 <br />