12/12/2001 ZONING BOARD OF APPEALS Decisions

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i j! j Mashpee Zoning Jeannette J. Lazarovich V-01-127 Board of Appeals 8. the first "except" clause of the statute (Chapter 40A § 6) is concerned with the application of zoning ordinances and by_laws to non-confonnmbQ "structures ' or uses," to any change in or substantial extension of such a "use", and to the alteration of such a "structure." 9. the ensuing sentence speaks of not permitting extensions or alterations of "[p]re-existing non-conforming - ' P� � nnmo structures or uses unless there is a trading by the permit or special permit authority that such change, extension or alteration "shall not be substantially " more detrimental mental t han the existing non- ; conformingt the b use o neighborhood" - the I'�I g Board finds that the use shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. R 10. there is nothing on the face of the fourth paragraph of§ 6 to suggest that it n was intended to apply to anything but vacant land. The only reference to a building is found in the last sentence of the paragraph, which sets out one of the circumstances (not applicable here) in which a "lot" may be "built upon." j The immediate statutory ancestor of the fourth paragraph (G.L.c. 40A, § 5A, j as in effect prior to St. 1975 c. 808, § ;) applied to original construction on k vacant lots but not to alterations of existing structures which had become non-conforming. In view of the foregoing. the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of the request. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on January 9, 2002 and determined that the property located in an R-5 zoning district at 11 Pondview Avenue, Mashpee, Massachusetts (Map 58 Parcel 79) is a separate and buildable lot. I � I i I • i ii r� a i , , i