04/12/2005 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Mary Gunning 2 SP-05-42 which refers to allowing only the 6,000 square foot parcel to be used in the calculation of total square footage of the lot and not the buffer parcel. They will also use the average setback rule for the front setback. Therefore with this in mind the Board feels the same rights should be afforded to this applicant. The Board moves to grant the special permit. SPECIAL PERMIT CRITERIA Section 174-17 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 Rock Island Road and contains 6,000 square feet. SPECIFIC FINDINGS The Board determined that: l. the proposed construction does not conform to the lot coverage requirements and the Board has granted a Variance. 2. there is adequate land area to provide sufficient parking. 3. a new septic system will be beneficial to the neighborhood. 4. the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction. 5. the average setback rule will apply to the frontyard setback. 6. due to Town Counsel's opinion on a similar matter, they will only use one parcel of the lot (6,000 square feet) to calculate lot coverage. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on May 11, 2005 to grant a Special Permit to allow for demolition of the existing dwelling on the subject property. The Special Permit is conditioned on plans from Holmes and McGrath, Inc. of Falmouth, MA,job no. 204328, dated February 2, 2005 and revised April 14, 2005 and architectural plans from Rescom Inc., of Monument Beach, MA, dated December 2, 2004,job no. 04046.00.