10/11/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Gina Girard (f/k/a Gina Devlin) 20 Oneida Avenue, Map 65 Parcel 48 Mashpee, MA 02649 FINDING-2023-57 There is a proposed encroachment toward the front yard setback that is currently 28.7 ft. and will become 23.5 ft., but the Board generally acts favorably on this type of proposal where the structure fronts more than one road. There are no new non -conformities being created, and there is a dry well proposed for this area of the project. There is an increase in lot coverage from 8.4% to 10.9%, but is well under the 20% zoning requirement. The Board can find that the project is not substantially more detrimental than what currently exists to either the neighborhood or the public good. WRITTEN FINDING CRITERA ARTICLE V - Nonconforming Buildings and Uses: § 174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non -conforming single - or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of § 174-31 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. Changes, extensions or alterations of non -conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non -conforming structures, or non -conforming uses, may not be made unless there is a written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non -conforming structure or use to the neighborhood, • and, that there is adequate land area to provide sufficient parking and setbacks as may be required. Although said Finding shall not constitute a Special Permit as defined by the General laws and this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General Laws for Special Permits in processing requests for such Findings. Per Town Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve a Variance in the Decision/Finding of Fact. No such thing as "use variance". The Decision must be rendered in two separate statements/decisions if a Variance or Special Permit is involved along with a Written Finding.