03/09/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Lisa Drake 2 Board of Appeals SP-05-28 (413 Monomoscoy Road) 32,000 square feet just short of the required 40,000 square feet for the R-3 zoning district. They plan to construct a 5 bedroom, 4,824 square foot house that will maintain 15.9% lot coverage, well under the 20%maximum allowed. The new dwelling will be less non- conforming that what currently exists there now. The Board moves to grant the Special Permit. The Conservation Commission and the Board of Health have approved the proposal. No comments were received from abutters. SPECIAL PERMIT CRITERIA Section 174-17 and 174-20 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a finding that the razing, extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. GENERAL FINDINGS 1. that the subject property is located at 413 Monomoscoy Road and contains 14,256 square feet. SPECIFIC FINDINGS The Board determined that: 1. the proposal will decrease the non-conforming nature of the structure and 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. 2. the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction. 3. applicant has agreed to cantilever the deck on the northerly side by two feet. 4. applicant will be combining lot 417 Monomoscoy Road with this property to make the lot less non-conforming and a total of 32,000 square feet. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner 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 May 11,