10/23/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Paul E. and Ann T. Keon - SP-96-66 2. Special Permit Criteria Section 174-17 of the Mashpee Zoning By-laws and MGL 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. Specific Findings 1. the subject property is located at 136 Captain's Row and contains 17,750 square feet on Popponessett Bay. 2. the changes in the footprint between the proposed dwelling and the prior one will result in an increase in lot coverage from 6% to 12% but is within the 20% allowed by the By-laws. 3. the proposed dwelling will conform to the required setback requirements. 4. the proposed reconstruction will permit substantial improvement to the existing site conditions by replacing the subsurface sewage disposal system with a Title V with a Bio-Clear denitrification septic system. 5. the site is both adequate and suitable for the proposed use and provides sufficient land area for parking. 6. the proposal has received the approval of the Conservation Commission. 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 expansion would not be a detriment to the neighborhood and that the proposed reconstruction, its location on the lot, and the intended use of the structure comply with the general provisions set forth within the By-laws. Upon motion duly made and seconded the Board of Appeals voted unanimously on October 23, 1996 to grant the Special Permit. The Permit is conditioned upon compliance with plans of J. E. Landers-Cauley revised October 7, 1996 and house plans of Thomas A. Moore Design Co. dated October 4, 1996.