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Board of Appeals Gerald V. and Dorothy R. Boylan - SP-97-65 2. <br /> FINDINGS <br /> General <br /> 1. the subject property is a corner lot located at 40 Alma Road with frontage on <br /> Uncle Percy's Road and contains 8,125 square feet. <br /> 2. the immediate neighborhood consists of single family homes of similar size, <br /> many of which have been improved with additions. <br /> 3. the proposed addition will result in a setback of 20.1 feet from Uncle Percy's <br /> Road. <br /> 4. the placement of the house on the lot and the area required for a new septic <br /> system limit any alternative locations for the addition. <br /> Special Permit Criteria <br /> Section 174-17 of the Mashpee Zoning By-laws and Mass. General Law Chapter <br /> 40A, Section 6, require a finding that the extension, alteration or change shall not be <br /> substantially more detrimental to the neighborhood than the existing non-conforming use. <br /> Specific Findings <br /> 1. the proposed addition will result in lot coverage of 19.8% and conforms with <br /> the 20% maximum allowed in the By-laws. <br /> 2. the property has been improved with a new Title V septic system. <br /> 3. there is adequate land area to provide sufficient parking. <br /> 4. while the proposed addition will increase the non-conforming nature of the <br /> structure by reducing the setback from Uncle Percy's Road to 20.1' the <br /> proposed 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 /> use. <br /> 5. the plans of the proposed addition, its location on the lot and the intended use <br /> of the structure comply with the general provisions set forth within the By- <br /> laws. <br /> 6. the proposed addition will not be more detrimental to the neighborhood than <br /> the existing non-conforming use. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the Petitioner <br /> met the criteria necessary for the granting of a Special Permit. Upon motion duly made <br /> and seconded, the Board of Appeals voted unanimously on October 22, 1997 to grant a <br /> Special Permit, The Permit is conditioned upon compliance with plans of Cape& Islands <br /> Engineering dated March 8, 1995. <br /> r , <br /> P <br />