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Mashpee Zoning Michael and Melanie Corwin 2 <br /> Board of Appeals SP-07-11 <br /> the surrounding properties have undergone. The current proposal will put the lot <br /> coverage at 21.2% should the board believe that the current definition of the lot area is <br /> 16,700 square feet. The Board does not believe the lot coverage should be over 20% in <br /> any circumstance. Attorney Kirrane addresses the flood zone situation and informs the <br /> Board that no utilities will be in the basement and will be above the flood plane. The <br /> Board of Health needs to be addressed. Mr. Nelson reads a letter from an opposed <br /> abutter, Jean Kelleher Niebauer, who feels they do not have a hardship and their privacy <br /> will be impacted. Attorney Kirrane submits another site plan showing the lot coverage <br /> .reduced to 19.9% for the Board to review. This is acceptable to the Board. The Board <br /> feels this can be done through a Special Permit and does not need a variance. Attorney <br /> Kirrane withdraws the variance request. Marls Dibb from BSC Design explains the <br /> wetland plantings within the 35 foot buffer zone which represents some mitigation from <br /> the Conservation Commission. Jonathan Furbush moves to grant the Special Permit <br /> contingent on the Board of Health approval. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-17 and 174-20 of the Mashpee Zoning By-laws and Massachusetts General <br /> Laws Chapter 40A, Chapter 6, require a finding that the extension, alteration or change <br /> shall not be substantially more detrimental to the neighborhood than the existing <br /> non-conforming use. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 48 Fells Pond Road and contains 16,700 <br /> square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. due to the long, sloping narrow topography and shape of the lot, there is no <br /> other location for the proposed construction. <br /> 2. there is adequate land area to provide sufficient parking. <br /> 3. the irnmediate neighborhood consists of single-family homes of similar size; <br /> many of which have been improved with additions or reconstruction. <br />