03/10/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals James R. & Anne L. Collins SP -99-21 Mr. Slavinsky stated that the subdivision was established prior to zoning and Mr. Govoni acknowledged that there are no zoning requirements in this particular case. However, Mr. Hauck said that he does not issue building permits for construction that is closer than 30 feet from the front setback and 10 feet from the sideline setback. No comments were received from abutters. FINDINGS General Findings 1. the subject lot is located at 6 Rock Island Road and consists of 7,000 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 Findings 1. 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. 2. the proposed construction does not conform to the setback requirements and the Board has granted a Variance. 3. the changes between the proposed construction and the prior one will result in an increase in lot coverage but it is under the allowed 20%. 4. there is adequate land area to provide sufficient parking. 5. the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 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 March 10, 1999 to grant a Special Permit. The permit is conditioned upon compliance with plans of Cape & Islands Engineering, being "Plot Plan of Land Located in Mashpee — Mass., Prepared for James Collins, Date: Jan.27, 1999, Scale 1" = 20 FT., revised February 5, 1999".