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MASHPEE ZONING BOARD OF APPEALS <br /> Jay J. Derenzo and Elizabeth A. Derenzo, Trustees <br /> 134 Popponesset Island Road (Map 112 Parcel 8) <br /> Mashpee, MA 02649 <br /> FINDING-2014-14 <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 /> Although said Finding shall not constitute a Special Permit as defined by the <br /> General laws and this By-law, the Zoning Board of Appeals shall follow the procedures <br /> specified in the General Laws for Special Permits in processing requests for such Findings. <br /> Per Town Counsel: Section 174-17 of the Zoning By-laws for a Finding of Fact cannot <br /> involve a Variance in the Decision/Finding of Fact. No such thing as "use variance". The <br /> Decision must be rendered in two separate statements/decisions if a Variance or Special <br /> Permit is involved along with a Written Finding. <br /> SPECIFIC WRITTEN FINDINGS: <br /> The Board determined that: <br /> 1. The proposed reconstructed dwelling will not be substantially more detrimental <br /> than the existing non-conforming structure or use to the neighborhood. <br /> 2. The new additions will be an improvement to the lot and is similar in size and <br /> character to other existing structures in the neighborhood. <br /> 3. The proposed additions, based upon the plans submitted to the Board, will be <br /> consistent with applicable State and Town statues, regulations, bylaws and plans, <br /> complies with the dimensional requirements applicable to the lot under current <br /> provisions of §174-31 (Land Space Requirements Table Footnotes) #18 of the <br /> Popponesset Overly District, or for lots which have been developed pursuant to <br /> §174-21, complies with such requirements as were applicable to initial construction <br /> of the dwelling under provisions of§174-21 Nonconforming lots. <br /> 4. Reconstruction of the dwelling is contingent upon Board of Health final approval. <br /> 5. Reconstruction of the dwelling will conform to current building code requirements. <br /> 6. There is adequate land area to provide sufficient parking and setbacks as may be <br /> required. <br /> 4 <br /> 4 <br />