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3, <br /> Mashpee Zoning George C. & Susan Y. Domolky SP-00-75 2 <br /> Board of Appeals <br /> II f� iil i <br /> GENERAL FINDINGS <br /> 1. that the subject lot is located at 26 Spoondrift Circle and consists of 14,250 <br /> square feet. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General <br /> Law Chapter 40A, Chapter 6, require a finding that the extension, alteration or change <br /> shall not be substantially more detrimental to the neighborhood than the existing <br /> non-conforming use. <br /> SPECIFIC FINDINGS <br /> 1. that the proposed addition will be farther away from the wetlands than the <br /> existing structure. <br /> 2. that the expansion would result in less of a non-conformance than the existing !' <br /> dwelling. <br /> 3. due to the unusual shape of the lot,there is no other location for the addition. <br /> 4. that the expansion would be less of an encroachment on the setback i <br /> i � I <br /> requirements than the existing structure. <br /> I <br /> 5. citing Goldhirsch V. McNear(expansion of a non-conforming structure)the <br /> III I I I i ' <br /> Board determined that"consideration of the building footprint(or cube) is but <br /> one factor to be considered in making the necessary determination of <br /> findings". The Board determined that"there will be no intensification". <br /> i <br /> � SII <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Special Permit. Upon motion <br /> duly made and seconded,the Zoning Board of Appeals voted unanimously on March 8, <br /> 2000 to grant a Special Permit. The Special Permit is conditioned upon compliance with I!� <br /> The Phoenix Group plan entitled"Domolky Residence, 26 Spoondrift Circle,Mashpee, <br /> li <br /> MA.,Project No.: 38115, Date: 30 June 1998,Revisions: 10/1/98, 10/1/99 1/18/00". <br /> �! f <br />