09/24/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals L. Clark and Heather Hill Modification of SP-02-128 2 Variance. Attorney James Sandler, direct abutter and appellant, represents his parents in • this appeal. He reiterates his strong opposition to the granting of this Special Permit. He states that it is a non-conforming lot and there is currently a 40,000 square foot land space requirement. Mr. Regan asks Mr. Sandler if ultimately, he really wants the Hills to tear this structure down. Mr. Sandler informs him that he does. Mr. Brem asks if this is a "Hatfield and McCoy" fight and asks what it would take to resolve it. The Hills have agreed to move their dwelling to the current zoning setbacks. The Board discusses the method of approving this permit and whether or not it has expired. The Board feels this is a reasonable solution to an ongoing battle. Robert Nelson moves to grant the modification of the special permit. Marshall Brem seconds the motion. GENERAL FINDINGS 1. that the subject property is located at 50 Popponesset Island Road and consistes of 34,950 square feet. SPECIAL PERMIT CRITERIA iSection 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. SPECIFIC FINDINGS 1. that the dwelling at 50 Popponesset Island Road is a pre-existing, non- conforming structure. 2. that the Board has granted Variances from the setback requirements to allow for the connection of the accessory structure to the main house. 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. •