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05/10/2023 ZONING BOARD OF APPEALS Decision
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05/10/2023 ZONING BOARD OF APPEALS Decision
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12/19/2023 5:01:29 PM
Creation date
12/19/2023 3:44:43 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
05/10/2023
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> 41 Waterline Drive, LLC <br /> 41 Waterline Drive South (Map 120 Parcel 149) <br /> Mashpee, MA 02649 <br /> FINDING-2023-30 <br /> GENERAL FINDINGS <br /> The subject property located at 41 Waterline Drive South is a total of 12,864 square feet. <br /> The minimum requirements in the Little Neck Bay Cluster Subdivision is: <br /> Minimum Lot Size— 15,000 sq. ft. <br /> Minimum Frontage—75 ft. <br /> Minimum Front Yard Setback—30 ft. <br /> Minimum Rear Yard Setback—20 ft. <br /> Minimum Side Yard Setback— 15 ft. <br /> Minimum Lot Coverage—30% <br /> The structural lot coverage is 100% because the flood zone. The conventional lot coverage is <br /> increasing from 24%to 24.5%which is under the 30%minimum requirement. <br /> The Conservation Department comments dated May 8, 2023 were read into the record: "No <br /> removal of vegetation within the buffer strip allowed from this deck expansion. " No comments <br /> from Board of Health. <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 /> 2 <br />
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