01/23/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Dale A. & Deborah J. Dougherty SP-02-28 2 Board of Appeals Mr. James F. Mahoney, owner of the vacant lot located at 195 Ninigret Avenue, said that he is opposed to the proposal. Ms. Mary Marchant, a neighbor at 186 Ninigret Avenue, referred to the property lines and expressed concern that the project would present `an issue for future property owners'. 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 1. that the subject property is located at 192 Ninigret Avenue and consists of 8,167 square feet of land. SPECIFIC FINDINGS The Board determined d that: 1. the proposed increase in lot coverage would be `grossly detrimental' to the neighborhood. 2. there is inadequate land area to provide sufficientarkin . p g 3. the Petitioner has not established hardship to justify further encroachments on I I the setback requirements. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner failed to meet the criteria necessaryfor the e granting of a Special Permit. Upon i motion duly made and seconded, the Zoning Board of Appeals voted unanimously on January 23, 2002 to Deny Without Prejudice the request for a Special Permit. i i I � i i II i I ii