02/28/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Marie D. Kent - SP-96-14 2. Findings: A. General 1. the subject property is located at 38 Kim Path and contains 9,589 square feet. feet on a corner lot at the intersection of Shore Drive and Kim Path. 2. the immediate neighborhood consists of single family homes of similar or larger size and many have been reconstructed from the original seasonal dwellings. 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 I. the proposed location of the dwelling is an improvement in the setback requirements and conforms to the lot coverage requirements. 2. the changes in the footprint between the proposed dwelling and the prior one will not result in an increase in the non-conforming nature of the structure. 3. the proposed reconstruction will permit substantial improvement to the existing site conditions. 4. the subsurface sewage disposal system has been replaced with a Title V system to accommodate the proposed dwelling. 5. the site is both adequate and suitable for the proposed use and provides sufficient land area for parking. 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, its location on the lot and the intended use of the structure comply with the general provisions set forth in the By-laws. Upon motion duly made and seconded the Board of Appeals voted unanimously on February 28, 1996 to grant the Special Permit. The Permit is subject to compliance with plans of Cape and Islands Engineering dated August 2, 1995 and elevations of the proposed house by Devlin Designs signed by the Chairman of the Board of Appeals.