01/08/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Cynthia Ann Roach - SP-97-02 2. FINDINGS A. General 1. the subject lot contains 54,608 square feet with a dwelling and shed which will be replaced with a new two-bedroom dwelling. 2. the neighborhood consists of similar lots accessible by unpaved roads. 3. the unpaved Fuller St. is accessible to vehicular traffic and is typical of many of the unpaved roads in the Town. B. 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 new construction will increase the conforming nature and meet the setback requirements. 2. the site conditions will be improved with the replacement of an existing cesspool with a new Title V septic system. 3. the site is both adequate and suitable for the proposed use and provides adequate land area for parking. 4. 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 replacement of a single family house, 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 22, 1997 to grant the Special Permit with the following conditions: 1. the existing traveled way and the proposed driveway be cleared of trees and that the applicant maintain a 20' width and 13.6' height for Fire Department Access. 2. the Permit is conditioned upon compliance with plans of Eagle Surveying revised January 13, 1997.