01/22/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals Alan and Saundra Michaelson 2 SP -03-16 • GENERAL FINDINGS 1. that the subject property is located at 62 Spoondrift Way and contains 17,250 square feet. SPECIAL PERMIT CRITERIA Section 174-17states that 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 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. SPECIFIC FINDINGS: The Board determined that: 1. the changes between the proposed construction and the prior one will result in an increase in lot coverage but it is under the allowed 20%. 2. there is adequate land area to provide sufficient parking. 3. while the proposed construction will increase the non -conforming nature of the structure, the changes will not result in a structure or use which is more detrimental to the neighborhood than the prior non -conforming structure and its use.