01/14/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals L. Clarke Hill TRS. - SP-98-1 2. FINDINGS A. General 1. the subject property is located at 50 Popponesset Island Rod and contains 34,950 square feet fronting on Popponesset Bay. 2. the immediate neighborhood consists of single family homes many of which have been improved with additions or reconstruction. Special Permit Criteria Section 174-17 of the Mashpee Zoning By-laws and Mass. 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. C. Specific Findings 1, the proposed changes between the existing dwelling and the proposed reconstruction will not increase the non-conforming nature of the structure. 2, the proposed dwelling will be an improvement to the site conditions since there will be an increase in the setback distance from the wetlands. 3, the lot coverage will be increased from 5.1%to 10.5% and is below the 20% allowed. 4. the site is both adequate and suitable for the proposed use and provides adequate land area for parking. 5. the use is in harmony with the general purpose and intent of the Zoning By-laws. For the foregoing reasons the Board determined that the applicant met the criteria necessary to grant a Special Permit. The Board found that the proposed reconstruction would not be a detriment to the neighborhood and that the proposed structure, its location on the lot and the intended use comply with the general provisions set forth within the By- laws. Upon motion duly made and seconded the Board of Appeals voted unanimously on January 14, 1998 to grant the Special Permit. The Permit is conditioned upon compliance with plans of Cape& Islands Engineering dated November 21, 1997.