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03/22/2023 ZONING BOARD OF APPEALS Decision
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03/22/2023 ZONING BOARD OF APPEALS Decision
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12/19/2023 5:01:31 PM
Creation date
12/19/2023 1:44:28 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
03/22/2023
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners, Michael E. Gould and Jo Robin Gould <br /> 38 Fells Pond Road (Map 106 Parcel 34) <br /> Mashpee, MA 02649 <br /> FINDING-2023-18 <br /> GENERAL FINDINGS <br /> The subject property located at 38 Fells Pond Road contains 10,000 square feet of land. <br /> There were no abutters present. <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 (Land <br /> Space Requirements Table Footnotes)418 of the Popponesset Overly District, or for lots <br /> which have been developed pursuant to §174-21, complies with such requirements as <br /> were applicable to initial construction of the dwelling under provisions of §174-21 <br /> 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 /> WRITTEN FINDING CONDITIONS <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a Written <br /> Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, June 14, <br /> 2023, the Zoning Board of Appeals voted unanimously to issue a Written Finding to Owners, <br /> Michael E. Gould and Jo Robin Gould of 38 Fells Pond Road under §174-17 of the Zoning <br /> Bylaws to allow for an addition, extension of a pre-existing, non-conforming dwelling on <br /> property located in an R-3 Zoning District,Map 116 Parcel 22,Mashpee, MA with the following <br /> conditions: <br /> 1. The Board has determined that the applicant meets all the conditions of a Written Finding <br /> under Mass General Law 40A Section 6. <br /> 3 <br />
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