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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners,Nicholas M. DiGiusto and Kathy M. DiGiusto, Trustees <br /> 108 Captains Row, Map 96, Parcel 16 <br /> Mashpee, MA 02649 <br /> FINDING-2023-49 <br /> Mr. Morris stated for the record that his understanding is that the dock and float is under the <br /> Conservation Commission purview. He believes that the Board can make a ruling on the stairway, <br /> and that he can approve a building permit. <br /> Mr. Blaisdell suggested that the Board can add a condition based upon the Conservation <br /> Commission's approval. <br /> GENERAL FINDINGS <br /> Attorney Kirrane provided a diagram of the proposed timber tie steps,the lower deck, and photos <br /> of the existing stairway that will be replaced. The existing stairway is on a steep grade that leads <br /> to an existing dock and float. <br /> WRITTEN FINDING CRITERA <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 <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 /> 2 <br />