10/13/1999 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Jeanne S. Mantel SP-99-83 2 Board of Appeals Mr. Govoni informed those in attendance that the Zoning Board of Appeals does not have jurisdiction over the proposed driveway. Mr. Regan invited Mr. Hanks, Mr. Reiffarth and Mr. and Mrs. Brady to examine the plans submitted by Mr. Slavinsky. The most recent plan shows that one of the decks and the circular driveway have been deleted. No other comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 242 Monomoscoy Road and consists of 14,450 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. that the proposed construction, except for the setback from the water and the wetlands, conforms to the setback requirements. 2. that the Board has granted the applicant a Variance from setback requirements from the water and the wetlands. 3. that the changes between the proposed construction and the prior one will result in an increase in lot coverage but will be under the allowed 20%. 4. that the new construction will not result in a structure or use which is more detrimental to the neighborhood than the prior non-conforming structure and its use. 5. that the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 6. that the installation of a denitrification system will be an improvement to the property. 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 October 13, 1999 to grant a Special Permit to demolish the existing structure and construct a single-family home. The permit is conditioned upon compliance with plan entitled"Proposed Sewage Disposal System, Prepared for Jeanne S. Mantel, Hse.No. 242 Monomoscoy Road, Mashpee—Mass., Cape & Islands Engineering Plan No. 5081699, Date: Aug 16, 1999, Revised 9/10/99".