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Mashpee Zoning Robert&Kathleen Gilmartin SP-99-103 3 <br /> Board of Appeals <br /> to public safety or welfare as required under Section 174-24.C.2 of the Zoning By-laws. <br /> Attorney Kin•ane suggested that none of those conditions exist with this proposal. <br /> Mr. Flanders, an abutter, stated that he has no objection to the proposal. <br /> Mr. Regan referenced the letter from Muriel F. Readel, who is not an abutter, in <br /> opposition to the project. Mr. Dardano, a direct abutter, attended the meeting and said <br /> that he had not authorized Mrs. Readel to speak on his behalf Mr. Dardano stated that <br /> the proposed structure will not obstruct his views as much as the existing structure does <br /> and that he has no objection to the project. <br /> No other comments were received from abutters. <br /> GENERAL FINDINGS <br /> 1. the subject lot is located at 15 Cross Street and consists of 5,500 square feet. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-17 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 FINDINGS - <br /> 1. that the proposed construction does not conform to the setback requirements <br /> and the Board has granted a Variance. <br /> 2. that while the proposed construction will increase the non-conforming nature <br /> of the 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. that the immediate neighborhood consists of single-family homes of similar <br /> size. Many have been improved with additions or reconstruction. <br /> 4. that due to the unusual topography of the lot, there is no other location for the <br /> construction. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Special Permit. Upon motion <br /> duly made and seconded,the Zoning Board of Appeals voted unanimously on November <br /> 17, 1999 to grant a Special Permit. The Permit is conditioned upon compliance with <br /> Cape& Islands Engineering plan entitled: "Septic Upgrade &Reconstruction,Proposed <br /> Sewage Disposal System,Prepared for Robert Gilmartin, Hse.No. 15 Cross Street, <br /> Mashpee—Mass., Date: Oct. 11, 1999, Plan No. 539199". <br />