08/23/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Briggs Family Wealth Trust Peter L. Briggs and Patricia A. Briggs, Trustees 35 James Circle, Map 71 Parcel 46 Mashpee, MA 02649 FINDING-2023-48 SPECIFIC FINDINGS The Board determined that: 1. The proposal will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. Under Section 174-17, the Board can authorize an alteration, change, or addition to a pre-existing non-conforming single-family dwelling. 2. The proposal will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. The Board finds that the proposed garage will not create any new non-conformities except for the side yard setback. 3. The proposed garage addition, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues,regulations,bylaws and plans,complies with the dimensional requirements applicable to the lot under current provisions of§174- 31 (Land Space Requirements Table Footnotes) #18 of the Popponesset Overly District, or for lots which have been developed pursuant to §174-21,complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21 Nonconforming lots. 4. Construction of the garage is contingent upon Board of Health final approval. There are no bedrooms proposed above the garage. 5. Construction of the garage will conform to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. The Board finds that the proposed garage location to the existing driveway area will provide sufficient parking. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, August 23, 2023,the Zoning Board of Appeals voted unanimously to issue a Written Finding to Owners, Briggs Family Wealth Trust, Peter L. and Patricia A. Briggs, Trustees of 35 James Circle under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of an attached garage on property located in an R-5 Zoning District, Map 71 Parcel 46 (Johns Pond Estates), Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 4