12/13/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Maurice and Clara Temple SP-95-65 2. Findings: ' A. General 1. the subject property is located at 47 Beechwood Drive and consists of 13,345 square feet. 2. the immediate neighborhood consists of single family homes and the subject property appears from the exterior as a single family home. 3. the subject property has contained a separate apartment for more than ten I - years. 4. the subject property is not eligible for a Special Permit under Section 174- 25.A.8 since the apartment contains less than 750 square feet but is eligible under Section 174-17 of the By-laws. B. Special Permit Criteria Section 174-17 of the Mashpee Zoning By-laws and Mass. General Law Chapter 40A, Section 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 the house has been used as a two-family dwelling for more than 10 years and the use is protected by Chapter 40A Section 7. 2. valid Building Permits had been issued by the Town for the improvements to the apartment. 3. there is adequate land area and sufficient parking space for the dwelling. 4. the use of the structure is not a detriment to the neighborhood. Upon motion duly made and seconded the Board of Appeals voted unanimously on December 13, 1995 to grant the Special Permit under Section 174-17 with the following condition: The applicant shall be required to apply for a Building Permit to make improvements to the property to conform with the building code on smoke alarms and egress.