05/22/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Brian J. Kelleher and Karen F. Kelleher 37 Nick Trail, Map 117, Parcel 300 Mashpee, MA 02649 FINDING-2024-21 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. The Board determined that: 1. The proposal will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. The proposal will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 3. The proposed additions, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues, regulations,bylaws and plans, complies with the dimensional requirements applicable to the lot under current provisions of§174-31 (Land Space Requirements Table Footnotes) #18 of the Popponesset Overly District, 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 Nonconforming lots. 4. Construction of the proposed dormers is contingent upon Board of Health final approval. 5. Construction of the proposed dormers will conform to current building code requirements. 6. The proposed construction of the dormers is within the footprint of the existing structure therefore,no changes to any existing setbacks or lot coverage. 3