07/01/2016 ZONING BOARD OF APPEALS Minutes

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MASI-IPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING- Jason Stone 156 Waterway(M4p 3;05 Parcel 238) Mashpee,MA 02649 FINDING-20.16-40 Non confommg single- or tWo-fart&y dwelling structures may be changed; wended or altered if such change, extension or alteration complies with the dimensional requirements applicablc.to the lot under current proyisioris of§17 31 or, for-lots.which have been developed.- pursuant to.§1.74-21,, complies with such requirements as were applicable to initial construction of the.dwelling under provisions of§174-21. Changes, extensions or alterations of nog-oonf'orming s gle- or 'twb-family dwelling structures which do not meet the applicable dimensional requirements as set forth alcove, and cWges, 6%teusions:or alterations of all.other nbn-confbmiW&structures, or non--conforming uses, may not be made unless there is. a Written:Finding by the Zoning r Board of Appeals that`such.change,extension or alteration shalt- not be; substantially more detrimental than the_ existing- non-conforming structure or use to the neighborhood, • and,that there is adequate-land area.tp provide sufficient parking and setbacks as maybe 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.promssiugrequests for such Findings: Per Town Counsel; Section 1744-7 of the Zoning By-laves for.a Finding ofFact.Cannot involve a Variance in the DeeisionlFinding of Fa t: N'o such thing as`rise:varianceThe Decision must be rendered in two separate statenitntsldecisions.ifa V ariarice:or Special Permit is involved along with a Written Fludiag. I SPECMC WR1TT_CN-F1ND1EIiGS-_ The Board deteiiained; F 1. The proposal-will not:be substantially more detrimental than the existing non confirming structure.or use to tbeueighborhood. 2. T d proposal vArill be au improveiaent to the lot and is siifilar in size and character to other existing`structures ui the neighborhood_ 3.. The proposed dv►relling,.based,upotr the plans submitted,to the Board,. Svill be consistent Aith applicable State and Town statues,regulations,bylaws and plans, complies �xjth the dimensional requirements applicable to the lot-raider.current provisions- of §1'74.31 amd. Space-Requirements Table Footnotes} 418 of Ihe Popponesset Overly District, 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-�I.Nonconfam-ing lots.