01/28/2009 ZONING BOARD OF APPEALS Minutes

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• Mashpee Zoning Hubert Krock Board of Appeals Barry and Janet Krock 4 SP -09-01 The neighbors want them removed. Mr. Nelson informs the abutters that the stairs are not involved in the application at present and is not the concern of the ZBA tonight. The ZBA reviews all the testimony and plans. Mr. Nelson informs the Board that he cannot be in favor of a dwelling that contains 30% lot coverage and feels this dwelling would be more detrimental to the neighborhood as proposed. The applicant has not met the criteria for the granting of a special permit and the other members agree. Mr. Nelson makes a motion to deny with prejudice the application for a Special Permit. Jonathan Forbush seconds the motion. All agree. So moved. The Special Permit is denied with prejudice unanimously. This Decision is conditioned on plans submitted by Cape & Islands Engineering, dated October 20, 2008, revised December I, 2008, Plan No. 072507 • SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws require that "[c]hanges, extensions or alterations of nonconforming single or two family dwelling structures which do no meet the applicable dimensional requirements as set forth above [in the provisions of § 174-31 ], and changes, extensions or alternations of all other nonconforming structure, or nonconforming 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 nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required." Section 174-24(C) requires that "[a] special permit may be issued only following the procedures specified by the General Laws and may be approved only if it is determined that the proposed use or development is consistent with applicable state and town regulations, statues, bylaws and plans, will not adversely affect public health or safety, will not cause excessive demand on community facilities, will not significantly • decrease surface or groundwater qualify or air quality, will not have a significant adverse