10/13/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Rev. Indenture of Trust 2 Board of Appeals of Fried, Freida D. Ramaswamy,Trustee the Board that in discussing this project with Russ Wheeler,the former building inspector, it was decided that they would pursue this with only a special permit and not a variance since this exists as a non-conforming structure. The existing lot coverage is 22% and the proposed lot coverage is 26%. Since this matter is grand fathered,the Board is not overly concerned with the lot coverage since it is a relatively small lot and the surrounding houses are similar in coverage. The Board feels this will be an improvement to the area. The Board moves to grant the Special Permit. 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 18 Cross Tree Way and contains 11,500 square feet. SPECIFIC FINDINGS The Board determined that: 1. there is adequate land area to provide sufficient parking. 2. the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction. 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 October 13, 2004 to grant a Special Permit to allow for demolition of the existing dwelling on the subject property. The Special Permit is conditioned upon compliance with site plans dated August 20. 2004, revised September 6, 2004 and revised from The Phoenix Group, g ed for 18 Crosstree Way. September 16, 2004 as prepar ;