02/10/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Gary &Zaida G. Vitale SP-99-12 2 Mr. Slavinsky informed the Board that Mr. Harway contacted him at Cape & Islands Engineering and requested that the plans be faxed to him. Mr. Slavinsky informed Mr. Harway that that was impossible due to the size of the drawings, but that he would have Mr. Vitale overnight express the plans. Mr. Vitale attempted on several occasions to contact Mr. Harway with no success. No other comments were received from abutters. FINDINGS General Findings 1. the subject property is located at 43 Santuit Lane and consists of 8,600 square feet. Special Permit Criteria Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law 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 Finding I. there is adequate land area to provide sufficient parking. 2. the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 3. the existing structure was built in 1955 and predates Zoning By-laws, and therefore, setbacks are not an issue. 4. the new Title V Septic System is an improvement due to the lot's close proximity to Santuit Pond. 5. as in the case of"Goldhirsch v. McNear, the Appeals Court ruled that consideration of the building footprint (or cube) is 'but one factor to be considered in making the necessary determination or findings.' The Board of Appeals must review all proposed changes to existing non-conforming single- or two-family structures: Should the Board conclude that there will be no intensification or addition, the applicant will be entitled to the issuance of a special permit." The Board determined that this case applies to the applicant. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Board of Appeals voted unanimously on February 10, 1999 to grant a Special Permit subject to the following conditions: 1. compliance with plan of Thomas J. O'Neill, Luxury Homes, dated 12-4-98 and plans of Cape & Islands Engineering, Plot Plan of Land located in Mashpee—Massachusetts, Prepared for Gary Vitale, dated December 23, 1998. 2. demolition of the carport.