04/09/2014 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR SPECIAL PERMIT MODIFICATION (SP-05-49) Kenneth Konikowski 95 Whippoorwill Circle (Map 125 Parcel 152) Mashpee, MA 02649 SP-2014-21 The plan depicts current dimensions are 2,660 square feet, 14.03%(18,950 total lot area), 16.50% (16,118 above mean high water), 29.55% (9,000 upland). The proposed dimensions are 2,771 square feet, 14.62% (18,950 total lot area), 17.19% (16,118 above mean high water), and 30.78% (9,000 upland). Mr. Kirrane stated all activity is on the second floor deck. The addition of the I I I square feet of deck space is not having any adverse impact on the wetland resource area, and was approved by Conservation Commission. This is not creating the need for any additional parking, conforms to the setbacks, and is not any closer to the side yard than what currently exists. He asked the Board to vote to modify the permit that was granted back in 2005 relative to the addition of this minimal cantilevered portion of the outside second floor deck. GENERAL FINDINGS: The subject property located at 95 Whippoorwill circle consists of approximately 16,118 square feet(to mean high water). SPECIAL PERMIT CRITERIA: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non- conforming 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 §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21. Changes, extensions or alterations of non-conforming 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 non-conforming structures, or non-conforming uses, may not be made unless there is a Written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, • and, that there is adequate land area to provide sufficient parking and setbacks as may be required. ,4 2