02/23/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Jeffrey R. & Sheila A. Eydenberg SP-00-29 2 Board of Appeals GENERAL FINDINGS 1. that the subject property is located at 43 Kim Path and consists of 6,650 square feet. .j l ili it SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law I' Chapter 40A, Chapter 6, require a finding that the extension, alteration or change shall i I I not be substantially more detrimental to the neighborhood than the existing non- j conforming use. II � SPECIFIC FINDINGS 1. that the proposed additions do not conform to the setback requirements and the Board has granted a Variance. 2. that according to the Appeals Court ruling that consideration of the building j footprint(or cube) "is but one factor to be considered in making the necessary determination or findings". The Board has concluded that there will be"no intensification or addition". The"applicant will be entitled to the issuance of a special permit". 3. while the proposed additions will increase the non-conforming nature of the structure,the changes will not result in a structure or use which is more I detrimental to the neighborhood than the prior non-conforming structure and � I its use. 4. that the immediate neighborhood consists of single-family homes of similar II'. size. Many have been improved with additions or reconstruction. 5. that due to the unusual shape of the lot,there is no other location for the Ii additions. II In view of the foregoing,the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion �I duly made and seconded, the Zoning Board of Appeals voted unanimously on February Ij 23 2000 to grant a Special Permit to allow for expansion of a non-conforming dwelling. The Special Permit is conditioned upon compliance with Cape & Islands Engineering Plan entitled"Additions & Septic Upgrade, Proposed Sewage Disposal System Prepared I �' for Jeffrey Eydenberg, Hse.No. 43 Kim Path, Mashpee, Mass., Date Nov. 10, 1999,Plan I No. S 111099".