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02/28/1996 ZONING BOARD OF APPEALS Decisions
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02/28/1996 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Deer Crossing Associates SP-96-24 2. <br /> FINDINGS <br /> General <br /> 1. the subject property is located at 681 Falmouth Road and consists of 1.6 acres <br /> and a commercial building used for retail sales, offices and restaurant. <br /> 2. the subject property is located in a C-1 zoning district and, with several <br /> adjacent commercial lots, is known as the Deer Crossing Shopping Center. <br /> 3. the Board finds that this is a pre-existing non-conforming use and that a <br /> Special Permit was never issued for the commercial buildings in the shopping <br /> center. <br /> Special Permit Criteria <br /> Section 174-17 of the Mashpee Zoning By-laws and Mass. General Law Chapter <br /> 40A, Chapter 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 Board of Appeals is the Special Permit Granting Authority under Section <br /> 174-17 and finds that the proposed addition requires a Special Permit in this C- <br /> 1 zoning district. <br /> 2. The Board finds that the proposal was reviewed by the Design Review <br /> Committee and the Applicant has incorporated their recommendations in his <br /> proposal. <br /> 3. The Board was informed that the proposed lot coverage is within the allowed <br /> 20%. <br /> 4. The proposed addition will increase the non-conforming nature of the building <br /> by reducing the setback area from Building C but the Board finds that this <br /> would not be a detriment to the neighborhood. <br />
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