02/18/2004 ZONING BOARD OF APPEALS Executive Session

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Mashpee Zoning Per A. & Asa G. Eldh 2 Board of Appeals SP-04-08 Reference plans from Yarosh Associates, Inc. of Mashpee, MA, Project no. 1024, dated October, 2003. The Conservation Commission and the Board of Health have approved the proposal. No comments were received from abutters. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Laws 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. GENERAL FINDINGS 1. that the subject property is located at 172 Daniel's Island Road and consists of 17,680 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. while the proposal 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. 2. the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction. 3. due to the unusual shape of the lot, there is no other location for the proposed construction. 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 June 13, 2001 to grant a Special Permit to allow for expansion of a pre-existing, non-conforming dwelling. The Special Permit is conditioned upon compliance with Cape & Islands Engineering plan entitled: "Proposed Project: Addition & Garage, Micro-Fast Septic System, Driveway, Proposed Site Plan Located in Mashpee, Mass., Prepared for Dr. Per Eldh, Date: Mar. 6, 2001, Revd: Apr. 17, 2001, Apr.18, 2001, May 1, 2001". 'i