02/22/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Arthur R. and Darlene E. Joia - SP-95-20 2. FINDINGS A. General 1. the subject property is located at 49 Somerset Road and consists of 12,930 square feet. 2. the immediate neighborhood consists of single family homes of similar size. Many of the homes in the area have been improved with garages. 3. the triangular shape of the lot limits the area which could be used for a garage. B Special Permit Criteria Section 174-17 of the Mashpee Zoning By-laws and Mass. General Law Chapter vOA, 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 1. the Board determined that it had no jurisdiction on the relocation of an existing garage from adjacent land and found that this was a civil matter. 2. the proposed addition of a new garage would result in increased lot coverage but is less than the allowed 20%. 3. there is adequate land area to provide sufficient parking 4. due to the unusual shape of the lot there is no other location for the garage. 5. while the proposed garage will increase the non-conforming nature of the structure because of a 3.3' sideline setback from Tobey's Back Road the proposed change will not result in a structure or use which is more detrimental to the neighborhood that the prior non-conforming structure and use. 6. the plans of the proposed garage, its location on the lot and the intended use of the structure comply with the general 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 March 22, 1995 to grant the Special Permit to allow the construction of a 20.3' x 21.4' garage. The Permit is referenced by plans of ARO engineering dated December 24, 1994.