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Board of Appeals Paul G. &Marlene Bucuvalas SP-99-6 2 <br /> FINDINGS <br /> General Finding <br /> 1. the subject property is located at 16 Elliot Street and consists of 9,975 square <br /> feet. <br /> Special Permit Criteria <br /> Section 114-17 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 Finding <br /> I. there is adequate land area to provide sufficient parking. <br /> 2. while the proposed alteration will increase the non-conforming nature of the <br /> 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 /> 3. there will be no greater intrusion on the sideline setback than currently exists. <br /> 4. the front of the dwelling will be moved back so that the decks will be <br /> approximately 12 feet ftom Elliot Road at its closest point, reducing the <br /> encroachment into the frontyard and coming closer into conformance with the <br /> current setback requirements of 25 feet.. <br /> For the foregoing reasons, the Board determined that the applicant met the criteria <br /> necessary to grant a Special Permit. Upon motion duly made and seconded, the Board of <br /> Appeals voted unanimously on January 13, 1999 to grant the Special Permit. The permit <br /> is conditioned upon the applicant submitting to the Board for review and approval two <br /> signed, engineered plans showing the proposed setbacks. <br />