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05/09/2001 ZONING BOARD OF APPEALS Decisions
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05/09/2001 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning 2 <br /> Board of Appeals <br /> James B. &Margaret M. Reiffarth SP-01-50 <br /> I <br /> I <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General <br /> Laws Chapter 40A, Chapter 6,require a finding that the extension, alteration or <br /> change shall not be substantially more detrimental to the neighborhood than the <br /> existing non-conforming use. <br /> I <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the changes between the proposed construction and the prior one will result in <br /> an increase in lot coverage to 12%, but would be under the allowed 20%. <br /> 2. there is adequate land area to provide sufficient parking. <br /> I. <br /> 3. while the proposed construction will increase the non-conforming nature of <br /> the structure, the changes will not result in a structure or use which is more <br /> detrimental to the neighborhood than the prior non-conforming structure and <br /> its use. <br /> 4. the immediate neighborhood consists of single-family homes of similar size; <br /> many of which have been improved with additions or reconstruction. <br /> 5. due to the long, rectangular shape of the lot,there is no other location for the <br /> construction. <br /> 6. replacement of the old dwelling with a new single-family home would be an <br /> improvement to the subject property and to the neighborhood. <br /> 7. the proposal would conform to the flood plain requirements. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion . <br /> j <br /> duly made and seconded,the Zoning Board of Appeals voted unanimously on May 9, <br /> 2001 to grant a Special Permit. The Special Permit is conditioned upon compliance with <br /> Cape& Islands plan entitled"Proposed Site Plan Located in Mashpee, Mass.,Prepared <br /> for James Reiffarth, Date: Mar. 20, 2001". <br /> i <br />
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