08/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning George Lumsden 2 Board of Appeals SP-04-109 conforming given the existence of two single family units on the non-conforming lot. The applicant is proposing to remove both structures and replace them with a single residential structure with an attached garage. The structures currently total 4 bedrooms and they are proposing to relocate a one bedroom apartment above the attached garage and maintain three bedroom in the main dwelling. The principal structure is situated within 20 feet of Oliver Street and 10 feet of Bayview Road with the smaller structure located within 3 feet of the northeasterly boundary line and 8 feet of the southeasterly boundary line. The proposed structures are less non-conforming than the currently existing structures. Adequate parking will be available in the garage and the driveway to the needs of two living units on the site. Based upon the size of the lot after the taking, the lot coverage will exceed 20%. However, the lot should be viewed in the context of the original lot size. The Board reviews the plans and suggest that this should be done with an accessory apartment special permit. The Board has concluded that what is being proposed is not substantially more detrimental to the neighborhood that the existing non- conforming structure and moves to grant the Special Permit. Comments from abutters consist of the following as well as written comments from Henry Bode and Susan Bode. Jean Concannon of 3 and 4 Bayview Road: She would like information on the entryway that will be changed to a different street and how that will affect her property. She has concerns about the setbacks and in general wants to see the plans for the new dwelling. Written comments submitted to file. Ron Ames of 27 Bayview Road: He has the same concerns and reads a letter into the record with many of the same concerns. Written comments submitted to file. GENERAL FINDINGS 1. that the subject property is located at 31 Bayview Road and contains 7,578 square feet. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law 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.