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

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are hereby expressly prohibited,except those already lawfully existing which by the provisions of this chapter become lawfully nonconforming. 31 On or about April 9, 2024 the Petitioner filed an application with the Board requesting a Written Finding pursuant to MGL Chapter 40A §6 and Town of Mashpee Zoning Bylaw Section 174-17 to allow for construction of two additions, and a detached pool cabana. 32. Section 174-17 of the Mashpee Zoning Bylaw provides as follows: Lars f illy created structures or uses may he continued, although not conforming with the provisions of this chapter. Nonconforming single-or tivo family dwelling structures may be changed, extended or altered ifsuch change, extension or alteration complies with the dimensional requirements applicable to the lot tinder current provisions oj'§]7=1-31 or,for lots which have been developed pursuant to y17-4-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§l74-21. Changes., extensions or alterations of nonconforming 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 nonconforming structures, or nonconforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to pro-fide sztff cient 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-lcnv, the Board of Appeals shall follow the procedures specified in the general laws for Special Permits in processing requests for such findings.. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. 33. The two additions, and a detached pool cabana that are proposed are to be located in the eastern part of the Property in close proximity to the Trustee's property. 34. The two additions, and a detached pool cabana,will stand relatively tall in relation to the existing natural grade and in relation to the Trustee's property and interfere with natural light and air and it will generate noise. 35. A public hearing was held on the Petition at the Mashpee Town Hall on Wednesday, May 22, 2024,and was continued until to July 10, 2024 to afford the attorney five(5)voting Board members. 36. The Trustee appeared at the hearings, and objected to the proposed for construction of two additions, and a detached pool cabana on numerous grounds 6