08/23/1995 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Board of Appeals Ruth A. & James A. Warner Jr. TRS. - SP-95-55 2. Findings: A. General 1. the subject property is located at 71 Seconsett Island Road and consists of 7,270 square feet. 2. the lot contains two non-conforming buildings which were damaged by fire in 1994. 3. the immediate neighborhood consists of similarly sized lots with cottages, many of which have been improved with reconstruction and additions. B. Special Permit Criteria Section 174-17 of the Mashpee Zoning By-laws and Mass. General Law Chapter 40A, Chapter 6, require a findings that the extension, alteration or changes shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. Section 174-20 of the Mashpee Zoning By-laws states than any non-conforming building or structure damaged by fire may be rebuilt subject to approval of the Board of Appeals. C. Specific Findings 1. the proposed new dwelling will have a 30 foot front setback from Seconsett Island Road and improved side and rear setbacks 2. the changes between the proposed dwelling and the prior one will result in an increase of lot coverage of 6.6% from 1,426 square feet to 1,906 square feet and is consistent with many of the properties in the neighborhood. 3. there is adequate land area to provide sufficient parking 4. while the proposed reconstruction will increase the non-conforming nature of the dwelling the proposed changes will not result in a structure or use which is more detrimental to the neighborhood than the prior non-conforming structures and their use. 5. the plans of the proposed reconstruction and the relocation of the existing cottage comply with the general provisions set forth within the By-laws. 6. the existing cottage will be relocated to three(3) feet from the side lot line and disconnected from the existing septic system as required by the Board of Health. 7. the existing well on the property is to be abandoned and the proposed new dwelling is to be connected to the Town water supply as required by the Board of Health. 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 September 13, 1995 to grant the Special Permit. The permit is referenced by plans of Christopher Costa& Assoc. revised August 7, 1995 and with house elevations by the Benjamin Co. dated June 22, 1995.