01/10/2001 ZONING BOARD OF APPEALS Decisions

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+ Mashpee Zoning Chilton Development Co., Inc. SP-01-6 2 Board of Appeals 138 Waterway No comments were received from abutters. GENERAL FINDINGS 1. that the subject property is located at 138 Waterway and consists of 16,910 square feet of land. r: 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. SPECIFIC FINDINGS The Board determined that: 1. there is adequate land area to provide sufficient parking. 2. while the proposed construction will increase the non-conforming nature of �w 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. 3. the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 4. the Petitioner must apply for a Variance from the lot coverage requirements to allow for the proposed construction on the subject property. In view of the foregoing,the Mash Mashpee Zoning Board of Appeals found that the p g pp 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 February 28, 2001 to grant a Special Permit to allow for demolition of the existing structure. The Special Permit is conditioned upon compliance with The Phoenix Group plan entitled "Proposed Residence, 138 Waterway,New Seabury, MA,Map 105 Block 234, Project No: 39224,Date: 5 Sept 2000,Revisions: 8/16/00, 10/6/00, l l/l/00, 1/8/01".