11/17/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning James W. Flanders SP-99-81 2 IBoard of Appeals Mr. Dardano, an abutter, expressed approval of the project and stated that it will be a great improvement to the neighborhood. No other comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 14 Cross Street and consists of 5, 500 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 there is adequate land area to provide sufficient parking. 2. 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. 3. that the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 4. that the installation of a new Title V septic system will be an improvement to the lot. 5. that the proposed construction will be more in conformance with the By-laws. 6. that the Board granted a Variance from the lot coverage requirements. 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 17, 1999 to grant a Special Permit to demolish the existing structure and construct a new dwelling. The Special Permit is conditioned upon compliance with Cape &Islands Engineering plan entitled: "Topographic Site Plan, Located in Mashpee—Mass., Prepared for James Flanders, Plan No. 102599, Date: Oct. 25, 1999, Revised 11/11/99".