07/13/1994 ZONING BOARD OF APPEALS Decisions

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Mashpee Board of Appeals Kenneth Bates SP-94-47 2. c� A. Special Permit Criteria: Section 174-17 of the Mashpee Zoning By-law provides: Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Nonconforming single or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of Section 174-31 or, for lots which have been developed pursuant to Section 174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of Section 174-21. Changes, extensions or alterations of nonconforming single or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other nonconforming structures,or nonconforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood, and that there is adequate land area to provide sufficient parking and setbacks as may be required. The Board of Appeals shall follow the procedures specified in the General Laws for Special Permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. B. Findings: 1. The subject property is located at 16 Jeep Place (Mashpee Assessors' Map 118, Block 104) Mashpee, MA. 2. The subject property consists of 10,350 square feet and is located in a residential zone in the Town of Mashpee. 3. The subject property has frontage on Jeep Place of 75.91' and a depth of 144.67' . 4. The applicant seeks to reconstruct a single family residence on the subject property. 5. The area of the subject property is 10,350 square feet. In accordance with Section 174-28 and Section 174-31, no more than 202 of the gross land area will be covered by the single family residence to be constructed. 6. In accordance with Section 174-31, the single family residence will not exceed 21 stories or a height of 30 feet. 7. The Building Inspector has determined that the proposed single family residence will meet all applicable dimensional requirements.