07/28/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Mashpee Baptist Church 27 Great Neck Road North Mashpee, MA 02649 SP-10-30 CRITERIA: U74-17- CONTINUANCE: EXTENSIONS: ALTERATIONS: Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 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. 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 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 Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. SPECIFIC FINDINGS: The Board determined that: • because the proposal will be further away from the street than the existing structure, the alteration shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. • there is adequate land area to provide sufficient parking and setbacks as may be required. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Finding of Fact. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on July 28, 2010 to grant the Finding of Fact. This Decision is conditioned upon compliance with J. Doyle Associates' Plan entitled "Sewage System Upgrade Plan Prepared for Mashpee Baptist Church 27 Great Neck Road North Mashpee, MA. April 28, 2010 Revised May 4, 2010". 2