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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Brian J. Kelleher and Karen F. Kelleher <br /> 37 Nick Trail, Map 117, Parcel 300 <br /> Mashpee, MA 02649 <br /> FINDING-2024-21 <br /> GENERAL FINDINGS <br /> The Conservation Department comments into the record; "This project was provided <br /> administrative approval by Conservation staff on March 1P, 2024 as it was deemed to not result <br /> in any adverse impacts to the 100 year floodplain. Conditions of admin approval include <br /> restoration of any altered areas (from construction impactslusage of equipment/staging, etc) to <br /> previous existing conditions and providing of written notice to the conservation department of <br /> work commencement and completion. " <br /> The Board of Health comments were read into the record; "To remain a 3-bedroom home". <br /> Mr. Goldstein stated that the building plans look great reflecting the bedrooms and open areas. <br /> There were no other comments from the Board. There were no abutters present. <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 <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 />