06/26/2002 ZONING BOARD OF APPEALS Decisions

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i Mashpee Zoning Eric & Ellen K. Dublirer SP-02-81 2 Board of Appeals If single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non- conforming structures, or non-conforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. The Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings., 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 I The Board determined that: 1. the proposed construction does not conform to the setback requirements and that the Petitioner meets the criteria for grant of a Variance from the setback requirements to the street. 2. the changes between the proposed construction and the prior one will result in an increase in lot coverage but it is under the allowed 20%. 3. there is adequate land area to provide sufficient parking. 4. 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. 5. the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 6. due to the unusual shape of the lot, there is no other location for the proposed construction. I 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 26, 2002 to grant a Special Permit to expand a pre-existing non-conforming dwelling with an j addition on property located at 8 Elizabeth Island Road. The Special Permit is j conditioned upon compliance with Cape & Islands Engineering plan entitled `Septic System Upgrade &Addition, Proposed Sewage Disposal System, Prepared for Eric j Dublirer, Hse. No. 8 Elizabeth Island Road, Mashpee, Mass., Plan No. 110101, Date: Nov.1, 2001, Revision: 12/05/01, 5/20/02'. i