04/09/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Robyn Laukian 2 Board of Appeals SP-08-15 be at the maximum of 20%, and the pool is included in this lot coverage. The average setback for the two abutting neighbors is far less than the proposed setback on the front. A letter from Paul Sorgie of 53 Waterway is read into the record by Chairman Nelson. Mr. Sorgie is against the new dwelling being built, due to the size of the structure and that it will affect his view. Mr. Nelson informs the board the Mr. Sorgie's home is quite large and the request of the applicant is reasonable. The height of the dwelling is within the code, and the board does not take into account if someone's view is interrupted. The Board reviews the plans and has some further discussion with Attorney Kirrane. Jonathan Furbush makes a motion to grant the Special Permit. GENERAL FINDINGS 1. that the subject property is located at 50 Waterway and contains 15,500 square feet. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law Chapter 40A, Chapter 6, require a finding that the extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. SPECIFIC FINDINGS 1. that the changes between the proposed construction and the prior one will result in an increase in lot coverage but it is under the allowed 20%. 2. that there is adequate land area to provide sufficient parking. 3. the proposed dwelling will not be more detrimental to the area. 4. that the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 5. that installation of a new denitrification system would be an improvement on the property. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on April 9, 2008 to grant a Special Permit. The Special Permit is conditioned upon compliance with plans from Cape & Islands Engineering, dated February 4, 2008.