11/12/1997 ZONING BOARD OF APPEAL Decisions

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Board of Appeals Maxwell Gates - SP-97-72 2 . FINDINGS A. GeneraJ 1. the subject property is located at 18 Waterline Drive North(Map 120, Block 177) and contains 15,000 square feet abutting reserve marsh land which fronts on Jehu Pond. 2. the immediate neighborhood consists of single family homes many of which have been improved with house and deck additions. 3. the subject property is located in the Little Neck Bay cluster subdivision approved in 1974, B. Special Permit Criteria t Section 174-17 of the Mashpee Zoning By-laws and M.G.L. Chapter 40A, Section 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 addition will increase the non-conforming nature of the structure by reducing the rear setbacks. 2. the applicant has received a Variance from the Board of Appeals for reduced rear and side setbacks. 3. the applicant has maintained the 50 foot buffer requirement from the wetlands has received approval from the Conservation Commission. 4. the proposed additions will result in 20.9% lot coverage and are below the 30% allowed. 5. the site is both adequate and suitable for the proposed use and provides adequate parking 6. the Board determined that desirable relief may be granted without derogating from the intent and purpose of the Zoning By-laws and without detriment to the public good. In view of the foregoing, the Mashpee 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 Board of Appeals voted unanimously on November 12, 1997 to grant the Special Permit. The Special Permit is conditioned upon compliance with plans of Cape & Islands Engineering dated September 5, 1997.