11/10/1999 ZONING BOARD OF APPEALS Decisions

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it Mashpee Zoning Donald B. Blakeman SP-99-104 2 Board of Appeals Mr. and Mrs. James Yancey, abutters at 316 Great Neck Road North, attended the meeting and stated that they have no objection to the proposal. Mr. Yancey confirmed that the owner of the property on which the cottages are encroaching has filed a lawsuit against Mr. Blakeman. Mr. Yancey said that the proposal is advantageous from a legal standpoint. No other comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 324 Great Neck R6ad North and consists of 65,340 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 present location of the cottages does not conform to the setback requirements. 2. that the relocation of the two cottages will conform to the setback requirements. 3. that the relocation of the two cottages will remove a violation of trespass. 4. that the installation of a new Title V septic system will be an improvement to the property. In view of the foregoing, the Mashpee Zoning 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 Zoning Board of Appeals voted unanimously on November 10, 1999 to grant a Special Permit allowing the applicant to relocate two cottages on the same property in order to conform with the setback requirements on property located in an R-5 zoning district at 324 Great Neck Road North. The permit is conditioned upon compliance with the following: 1. the cottages shall be relocated at a minimum of 15 feet from the property lines. 2. plan entitled"Septic Sewage Disposal System Prepared for Donald Blakeman, Hse.No. 324 Great Neck Rd. North, Mashpee—Mass., Date: Oct. 14, 1999, Plan No. S101499, Cape & Islands Engineering".