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03/08/2023 ZONING BOARD OF APPEALS Decision
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03/08/2023 ZONING BOARD OF APPEALS Decision
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5/15/2023 5:00:49 PM
Creation date
5/15/2023 2:24:32 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
03/08/2023
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-97-73) <br /> Owner, Mashpee 151 Properties, LLC <br /> 425 Nathan Ellis Highway (Map 72 Parcel 56) <br /> Mashpee, MA 02649 <br /> MOD-2023-15 <br /> Changes, extensions or alterations of non-conforming single- or two-family dwelling structures <br /> which do not meet the applicable dimensional requirements as set forth above, and changes, <br /> extensions or alterations of all other non-conforming structures, or non-conforming uses, may <br /> not be made unless there is a written finding by the Board of Appeals that such change,extension <br /> or alteration shall not be substantially more detrimental than the existing nonconforming <br /> structure or use to the neighborhood and that there is adequate land area to provide sufficient <br /> parking and setbacks as may be required. Although said finding shall not constitute a special <br /> permit as defined by the general laws and this by-law, the Board of Appeals shall follow the <br /> procedures specified in the general laws for special permits in processing requests for such <br /> findings.For the purposes hereof,compliance with dimensional requirements shall be determined <br /> by the Inspector of Buildings. <br /> §174-24 (C) (9)Explanation of symbols used in Table of Use Regulations: <br /> Special Permits which have not lapsed under the provision of Subsection (8) may be modified <br /> by the Original Special Permit granting authority, with any vote required approval of four(4) of <br /> five (5)by the Zoning Board of Appeals. <br /> SPECIAL PERMIT FINDINGS <br /> Upon review the Zoning Board of Appeals determined the following: <br /> • The proposed addition 1,800 sq. ft. to the rear of the existing retail building. <br /> • The addition will add cooler space and office space. <br /> • The proposed modification will not increase any of the existing non-conformities. <br /> • The setback to Sassacus Road will decrease but will still be conforming at 173.2 ft. <br /> • Lot coverage will increase from 11.7% to 14.7% is under the 20%maximum. <br /> • Fifty-six (56) parking spaces are required and fifty-six (56)parking spaces are provided. <br /> 4 <br />
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