01/09/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Eric & Ellen K. Dublirer SP-02-9 2 Board of Appeals 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 8 Elizabeth Island Road and consists of 8,414 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the proposed addition does not conform to the setback requirements and the Board has granted a Variance from the front setback requirements to allow for the proposal. 2. the proposed addition will be farther away from the wetlands than the existing structure. 3. the changes between the proposed addition and the prior one will not result in 5 an increase in the existing 22% lot coverage. 4. there is adequate land area to provide sufficient parking. 5. while the proposed addition 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. i 6. 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 January 9, 2002 to grant a Special Permit. The Special Permit is based upon submission of and compliance with a revised Cape & Islands Engineering plan. Such revision shall show reduction of the existing deck so that total lot coverage of the existing structure and proposed construction of the addition shall not exceed 22%. The revised plan was received in the ZBA office on January 15, 2002 and is entitled `Septic System Upgrade &Addition, Proposed Sewage Disposal System Prepared for Eric Dublirer, Hse. No. 8 Elizabeth Island Road, Mashpee, Mass., Date: Nov. 2, 2001, Revision: 12/05/01, 1-11/02'.