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10/11/2023 ZONING BOARD OF APPEALS Minutes (2)
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10/11/2023 ZONING BOARD OF APPEALS Minutes (2)
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
10/11/2023
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MASHPEE ZONING BOARD OF APPEALS <br />DECISION FOR A WRITTEN FINDING <br />Richard N. Monroe and Theresa G. Monroe <br />9 Woodland Avenue, Map 49 Parcel 98 <br />Mashpee, MA 02649 <br />FINDING-2023-56 <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 />SPECIFIC FINDINGS <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 />4. Construction of the dwelling is contingent upon Board of Health final approval. <br />5. Construction of the dwelling will conform to current building code requirements. <br />6. There is adequate land area to provide sufficient parking and setbacks as may be required. <br />
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