04/09/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR SPECIAL PERMIT MODIFICATION (SP-05-49) Kenneth Konikowski 95 Whippoorwill Circle(Map 125 Parcel 152) Maslipee, MA 02649 SP-2014-21 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 Permit is involved along with a Written Finding. SPECIFIC WRITTEN FINDINGS: The Board determined that: 1. The deck modification to the Special Permit (SP-05-49) will conform to current building code requirements. 2. The proposed deck will not be substantially more detrimental than the existing non- conforming structure or use to the neighborhood. 3. Is approved by the Conservation Commission. 4. There is adequate land area to provide sufficient parking and setbacks as may be required. In view of the foregoing, the Board determined the Petitioner met the criteria for a modification to the Special Permit(SP-05-49).Upon duly made and seconded at the Public Hearings on April 9, 2014, the Zoning Board of Appeals voted unanimously to grant a modification to the Special Permit. Also referencing a plot plan prepared by BSS Design, Engineering&Surveying, 164 Katharine Lee Bates Road,Falmouth,MA,titled;"Plot Plan — Proposed Deck at 95 Whippoorwill Circle, Mashpee, MA, prepared for Kenneth Konikowski, scale 1" = 20', dated January 27, 2014, drawn EJP, TJB,job number 13249, drawing number P21-128. 3