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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 /> 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 /> SPECIFIC FINDINGS <br /> Chairman Furbush confirmed that the lot coverage is under the 30% required lot coverage in the <br /> Little Neck Bay Cluster Subdivision,and the structural lot coverage is 100%because it's in a flood <br /> zone. <br /> There were no more comments from the Board. <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 other <br /> existing structures in the neighborhood. <br /> 3. The proposed deck addition, based upon the plans submitted to the Board, will be <br /> consistent with applicable State and Town statues,regulations,bylaws and plans,complies <br /> with the dimensional requirements applicable to the lot under current provisions of§174- <br /> 31 (Land Space Requirements Table Footnotes)418 of the Popponesset Overly District, or <br /> for lots which have been developed pursuant to §174-21,complies with such requirements <br /> as were applicable to initial construction of the dwelling under provisions of §174-21 <br /> Nonconforming lots. <br /> 4. The deck construction will conform to current building code requirements. <br /> 5. There is adequate land area to provide sufficient parking and setbacks as may be required. <br /> 3 <br />