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MASHPEE ZONING BOARD OF APPEALS <br /> Michael G. Gilmartin <br /> 5 Cross Street (Map 123 Parcel 47) <br /> Mashpee, MA 02649 <br /> FINDING-2014-05 <br /> Email from Glen Harrington, "Message sent to architect,Builder and Engineer, 15- <br /> January 2014". "On January 14, 2013, Veronica Warden, Assistant Health Agent and I <br /> inspected the dwelling at 5 Cross Street for the purposes of determining legal bedrooms. <br /> The bedroom on the main floor was not in question but the two upstairs bedrooms were <br /> measured for the required habitable space. Both of the upstairs bedrooms had the required <br /> 70 square foot minimum of floor area to be considered bedrooms. The dwelling is <br /> considered to be a three bedroom dwelling. Please design the architectural plans and Title <br /> V design plan accordingly. Thanks, Glen Harrington, Health Agent, Mashpee Board of <br /> Health." <br /> Conservation Commission comment dated January 9, 2014; "This property does <br /> not lie within wetlands jurisdiction." <br /> There were no abutters present. <br /> GENERAL FINDINGS: <br /> The subject property located at 5 Cross Street consists of approximately 8,000 <br /> square feet. <br /> WRITTEN FINDING CRITERIA: <br /> §174-17. Continuance; Extensions; Alterations - Lawfully created structures or <br /> uses may be continued, although not conforming with the provisions of this chapter. Non- <br /> conforming single- or two-family dwelling structures may be changed, extended or altered <br /> if such change, extension or alteration complies with the dimensional requirements <br /> applicable to the lot under current provisions of §174-31 or, for lots which have been <br /> developed pursuant to §174-21, complies with such requirements as were applicable to <br /> initial construction of the dwelling under provisions of§174-21. <br /> Changes, extensions or alterations of non-conforming single- or two-family <br /> dwelling structures which do not meet the applicable dimensional requirements as set forth <br /> above, and changes, extensions or alterations of all other non-conforming structures, or <br /> non-conforming uses, may not be made unless there is a written Finding by the Zoning <br /> Board of Appeals that such change, 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 <br /> may be required. <br /> 2 <br />