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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners, Daniel G. Kirkland and Deborah A. Kirkland, <br /> Trustees of the Kirkland 2014 Family Trust <br /> 125 Surf Drive, Map 102, Parcel 1 <br /> Mashpee, MA 02649 <br /> FINDING-2024-59 <br /> There are no new nonconformities being created however, the proposal includes to intensify the <br /> 22.9 ft. setback to 19.1 ft., slightly over 3 ft. Given the fact this property abuts two roads and is a <br /> uniquely shaped lot, the Board has been lenient allowing to encroach slightly when a structure <br /> fronts two roads. <br /> GENERAL FINDINGS <br /> The Board of Health comments dated November 6, 2024 into the record; "Change of footprint <br /> requires Title 5 inspection. Storage area above garage not fit for human habitation and is not a <br /> bedroom. Tank is 40 plus year old it should not have a hot tub on it. " <br /> The Building Commissioner has no issues with the garage location as depicted on the site plan. <br /> There were two abutters present and were in-favor of the project. <br /> WRITTEN FINDING CRITERIA <br /> ARTICLE V -Nonconforming Buildings and Uses: <br /> §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be <br /> continued, although not conforming with the provisions of this chapter.Non-conforming single- <br /> or two-family dwelling structures may be changed, extended or altered if such change, extension <br /> or alteration complies with the dimensional requirements applicable to the lot under current <br /> provisions of§174-31 or,for lots which have been developed pursuant to §174-21,complies with <br /> such requirements as were applicable to initial construction of the dwelling under provisions of <br /> §174-21. <br /> Changes, extensions or alterations of non-conforming single- or two-family dwelling structures <br /> which do not meet the applicable dimensional requirements as set forth above, and changes, <br /> extensions or alterations of all other non-conforming structures, or non-conforming uses, may <br /> not be made unless there is a Written Finding by the Zoning Board of Appeals that such change, <br /> extension or alteration shall: <br /> • not be substantially more detrimental than the existing non-conforming structure or <br /> use to the neighborhood, <br /> • and,that there is adequate land area to provide sufficient parking and setbacks as may <br /> be required. <br /> 2 <br />