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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners,Paul K. Bettencourt and Kathleen A. Bettencourt <br /> 20 Bearse Rd, Map 117 Parcel 322 <br /> Mashpee, MA 02649 <br /> FINDING-2023-61 <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 /> Although said Finding shall not constitute a Special Permit as defined by the General laws and <br /> this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General <br /> Laws for Special Permits in processing requests for such Findings. Per Town Counsel: Section <br /> 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve a Variance in the <br /> Decision/Finding of Fact. No such thing as "use variance". The Decision must be rendered in <br /> two separate statements/decisions if a Variance or Special Permit is involved along with a Written <br /> 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)418 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 /> 3 <br />