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• Board of Appeals Thomas W. Brooks, Jr. - SP-95-26 2. <br /> FINDINGS <br /> A. General <br /> 1. the subject property is located at 15 Sturgis Lane and consists of 41,000 <br /> square feet. <br /> 2. the new garage structure conforms to the side line setback requirements. <br /> 3. the unusual shape of the lot limits the use of the land.. <br /> B. 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 /> C. Specific Findings <br /> 1. the Board determined that the use of the second floor of the garage for living <br /> space would be less non-conforming than the original plans and the relocation <br /> of the existing cottage would eliminate any intrusions on side line setback <br /> requirements. <br /> 2. the proposed changes would not increase the lot coverage. <br /> 3. there is adequate land area to provide sufficient parking <br /> 4. the plans of the proposed second floor addition to the garage, its location on <br /> the lot and the intended use of the structure comply with the general provisions <br /> set forth within the By-laws. <br /> 5. the addition of a new septic system will be an improvement to the site <br /> 6. the proposed changes and use will not result in a structure or use which is <br /> more detrimental to the neighborhood than the prior non-conforming <br /> - structures and their use. _ <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicant <br /> met the criteria necessary for the granting of a Special Permit. Upon motion duly made <br /> and seconded the Board of Appeals voted unanimously on March 22, 1995 to grant the <br /> Special Permit. The Permit is referenced by revised plans of Cape and Islands Engineering <br /> dated February 27, 1995. <br />