01/22/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Michael G. Gilmartin 5 Cross Street(Map 123 Parcel 47) Mashpee, MA 02649 FINDING-2014-05 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 Pen-nit is involved along with a Written Finding. SPECIFIC WRITTEN FINDINGS: The Board determined that: 1. The proposal reconstructed dwelling will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. The new dwelling will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. 3. The proposed dwelling, 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. Reconstruction of the dwelling is contingent upon Board of Health final approval. 5. Reconstruction of the dwelling will conform to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. Conclusion: In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, January 22, 2014 the Zoning Board of Appeals voted unanimously to grant a Written Finding under Article V §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre-existing, non-conforming structure to allow for construction of a new single family dwelling on property located in an R-3 Zoning District at 5 Cross Street, (Map 123 Parcel 47), Mashpee, MA. 3