02/08/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John T. O'Neill SP-95-14 2. Findings: A. General 1. the subject property is located at 24 Taffrail Way(Map 112, Block 33) and consists of 15,700 square feet fronting on Popponesset Creek. 2. the immediate neighborhood consists of single family homes of similar size. Many homes in the area have been improved with additions or reconstruction. 3. the triangular shape of the lot limits the area which could be used for an addition. 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 Finding I 1. the proposed addition conforms to the existing sideline setback. 2. the proposed addition and deck will be farther from the wetlands than the existing deck. 3. the changes between the proposed dwelling and the prior one will result in an increase of lot coverage from 23% to 26% excluding the wetlands. 4. the lot is part of a subdivision created in 1964 before the zoning regulation excluding wetlands from the computation of lot coverage. Lot coverage measured under the former By-law would result in an increase from 17%to 191/6 . 5. there is adequate land area to provide sufficient parking. 6. while the proposed addition will increase the non-conforming nature of the structure the proposed changes will not result in a structure or use which is more detrimental to the neighborhood than the prior non-conforming structure and its use. 7. the plans of the proposed addition, its location on the lot and the intended use of the structure comply with the genei al provisions set forth within the By-laws. 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 February 8, 1995 to grant the Special Permit to allow the construction of a house addition and deck. The Permit is referenced by plan #39728 by Michael H. Grotzke dated December 27, 1994.