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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners, James C. Atkins and John J. Weitman <br /> 80 Punkhorn Point, Map 100 Parcel 4 <br /> Mashpee, MA 02649 <br /> FINDING-2023-51 <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 /> 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 /> The subject property located at 80 Punkhorn Points consists of 32,571 square feet of land. <br /> The lots structure coverage for all upland area is 67,988 sq. ft. The existing lot coverage is 7.4%, <br /> and the proposed is 9.5%. The requirement is 20% in an R-3 Zoning District. <br /> There were no abutters present. <br /> 2 <br />