09/08/1993 ZONING BOARD OF APPEALS Decisions

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Board of Appeals E. Thomas Jones SP-93-63 2 . A. Special Permit Criteria : 1 . The second sentence of the first paragraph of Sec. 6 of CH. 40A provides: Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental in the existing nonconforming use to the neighborhood. 2 . Section 174-17 of the Mashpee Zoning By-law provides: Any lawful use of any structure or land, or both, may be continued, although not conforming with the provisions of this chapter, but no such lawfully nonconforming use or structure shall be _ changed, • intensified, extended or enlarged in any manner except as permitted by the Board of Appeals . . . . and further provided that the Board finds there is adequate land area to provide sufficient parking and setbacks as may be required and further provided that the Board finds that such change, intensification, extension or enlargement shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. B. Findings: 1 . The subject property is located at 202 Daniel ' s Island Road ( Lots 30 and 31 on Land Court Plan 11408 and included in Map 100 , Block 23 ) Mashpee, MA. 2 . The subject property consists of 13 , 100 square feet and is located in a residential zone in the Town of Mashpee . 3 . The subject property abuts land of Dr . A. Kroll and other land of E. Thomas Jones . 4 . The subject property abuts Daniel ' s Island Road which has recently been improved through reconstruction and repavement . is 3