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06/14/2023 ZONING BOARD OF APPEALS Decision
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06/14/2023 ZONING BOARD OF APPEALS Decision
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12/19/2023 5:02:02 PM
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12/19/2023 4:07:11 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
06/14/2023
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners, Cindy L. True and Michael Woodcock <br /> 53 James Circle (Map 71 Parcel 43) <br /> Mashpee, MA 02649 <br /> FINDING-2023-33 <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 <br /> not 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 <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 /> GENERAL FINDINGS <br /> The subject property located at 53 James Circle is contains a total of 10,881 square feet of land. <br /> The Board finds that no new conformities will be created by this project. <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)#18 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 /> 3 <br />
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