08/22/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Heritage Equity LTD Partnership 2 Board of Appeals SP-07-56 Demolition Permit i This Special Permit is for the demolition of the building and rebuild of the new building in the same foot print. Attorney Megathlin states that it will be a significant improvement to the neighborhood, is less detrimental that what is currently there and the building will be reduced by 426 square feet. There are 15 parking spots that exist and the applicant is planning to build 21 spaces. The Board refers to the dumpster on the plan and asks that one more parking spot be put in over there. Paul Peters, a direct abutter supports the new building. Attorney Megathlin points out that new engineering will be completed and that landscape and site plans will improve the new building. Jonathan Furbush makes a motion to grant the Special Permit. GENERAL FINDINGS 1. that the subject property is located at 684 Falmouth Road and contains 40,055 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 proposed construction conforms to the setback requirements. 2. that the changes between the proposed construction and the prior one will result in an increase in lot coverage, but the lot coverage will be under the allowed 20%. 3. while the proposed construction will increase the non-conforming nature of the structure, the changes will not result in a structure or use which is more detrimental to the neighborhood than the prior non-conforming structure and its use. 4. due to the unusual shape of the lot,there is no other location for the construction.