04/28/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John C. & Sandra S. Hessler SP -99-30 FINDINGS General Findings 1. the subject property is located at 84 Punkhorn Point Road and consists of 1.3 acres of land. 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. that 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%. 2. that there is adequate land area to provide sufficient parking. 3. that while the proposed construction will increase the non -conforming nature of 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. 4. that the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 5. that the removal of the cesspool and installation of a denitrification system will be an improvement to the property. 6. that an NFPA 13-D sprinkler system shall be installed in the residence. 7. that the Board has granted a Variance for the applicants to construct a new home on an unpaved road. 8. pending confirmation that the Conservation Commission has approved the project. 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 April 28, 1999 to grant a Special Permit to allow the applicants to demolish an existing dwelling and to construct a new home on the subject property. The permit is conditioned upon compliance with plan entitled "Proposed Site & Topographic Plan Located in Mashpee — Mass., Prepared for John C. & Sandra S. Hessler, Scale: 1" = 20 FT., Plan No. 030399, Date: Mar.3, 1999, Cape & Islands Engineering".