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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owner, Erik N. Saarinen <br /> 62 Whippoorwill Circle, Map 125, Parcel 183 <br /> Mashpee, MA 02649 <br /> SP-2024-28 <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 /> The Board made the following findings: <br /> 1. The proposal will not be substantially more detrimental than the existing non-conforming <br /> structure or use to the neighborhood. There is no increase in the proposed coverage of <br /> structures. <br /> 2. 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 for lots which have been developed pursuant <br /> to §174-21, complies with such requirements as were applicable to initial construction of <br /> the dwelling under provisions of§174-21 Nonconforming lots. <br /> 3. Construction of the dwelling is contingent upon Board of Health final approval. <br /> 4. Construction of the dwelling will conform to current building code requirements. Height <br /> to be determined upon submittal of the building permit. <br /> 5. There is adequate land area to provide sufficient parking and setbacks as may be required. <br /> 6. There are no new nonconformities being created. <br /> 7. New construction will comply with current flood zone regulations. <br /> 8. There is a proposed fast de-nitrification system. <br /> 9. The project was approved by the Conservation Commission with a significant mitigation <br /> and restoration project. <br /> 10. The existing front yard non-conformity is being eliminated. <br /> 3 <br />