03/09/2005 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Marianne Townsend 2 Board of Appeals SP-05-33 feet and the new structure will be 5.7 feet from the lot line therefore making it more conforming for both the setback issues and wetland issues. Additionally, the new de- nitrification system is a positive addition to the area as well and the total proposed lot coverage would be 18.9%, under the 20% maximum allowed. Attorney Kirrane states that under sections 174-17 and 174-20, they are allowed to alter and change a non- conforming structure with a special permit. In reviewing the reports from other boards, Mr. Nelson states that there is no record of the applicant filing with the Conservation Commission. Mr. Polehums says that they still need to do that. After some discussion, the Board moves to grant the Special Permit conditioned on approval from Conservation Commision and Board of Health. The Board would also like to make reference to Section 174-31 fn. 18 that refers to the special permits allowed in the Popponesset Overlay District. SPECIAL PERMIT CRITERIA Section 174-17 and 174-20 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a finding that the extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. GENERAL FINDINGS 1. that the subject property is located at 16 Deans Hollow Road and contains 17,500 square feet. SPECIFIC FINDINGS The Board determined that: 1. there is adequate land area to provide sufficient parking. 2. the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction. 3. there will be the installation of a new septic system. 4. the proposed dwelling will be less non-conforming that what currently exists now.