09/11/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Marjorie Hackett and Robert Hackett 10 Stanley Road (Map 114 Parcel 88) Mashpee, MA 02649 FINDING-2013-37 Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, • and, that there is adequate land area to provide sufficient parking and setbacks as may be required. 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 the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, as defined under Section 174-27 of the Zoning By-laws, and contingent upon the following:. • Board of Health Title 5 site approved septic plans. • The applicant's order of conditions must be approved by the Conservation Department as noted in this comment: "The homeowners will need to file a Notice of Intent with the Conservation Commission for the demolition/rebuild of the existing home. A portion of the property lies within 100 feet of the top of coastal bank and the property is also within the 100 year floodplain". • Revised plot plans signed by a registered land surveyor and engineer for the proposed dwelling at 10 Stanley Road, Mashpee, MA, and the same signatures by the land surveyor include the elevation plans with the same data on the proposed site plan confirming the height. • Has sufficient parking and setbacks as may be required. is 3