01/23/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Donato A. & Judith A. Federico SP-02-20 2 Board of Appeals SPECIAL PERMIT CRITERIA 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. GENERAL FINDINGS o"w" 1. that the subject property is located at 14 Seconsett Point Road and consists of j 12,160 square feet of land. j SPECIFIC FINDINGS The Board determined that: 1. the proposed addition conforms to the setback requirements; therefore, Variance relief from the setback requirements is not required. 2. the changes between the proposed addition and the prior structure will result II in an increase in lot coverage, but is under the allowed 20%. 3. there is adequate land area to provide sufficient parking. 4. while the proposed addition 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. 5. the proposal would be a vast improvement to the subject property and to the neighborhood. 6. due to the unusual shape of the subject property, there is no other location for the addition. i 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 February 27, 2002 to grant a Special Permit. The Special Permit is conditioned upon compliance with the following: 1. that the accessory building on the subject property shall remain uninhabitable. 2. Holmes & McGrath, Inc. plan entitled `Plot Plan of Proposed Sewage Disposal System Prepared for Donato & Judith A. Federico, For Lot 5A& 513, #14 & 14A, Seconsett Point Road, in Mashpee, MA, Assessors Map 124 Block 28 & 29, Date: Aug 4, 2001'.