09/22/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Donald A. Laffert&Alicia T. Brophy SP-99-76 2 Board of Appeals Mr.Nelson moved to continue the hearing until November 17, 1999 to allow the engineer an opportunity to clearly mark on the plans the exact Variance relief being requested. At the Public Hearings on November 17, 1999, Mr. David Sanicki of Cape & Islands Engineering represented the applicants and submitted photographs of the property and revised plans of the project. The plans were marked in red to identify the exact Variance relief being sought. The construction will not be any closer to the water and the wetlands than the existing structure is. No comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 146 Summersea Road and consists of 14,700 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. SPECIFIC FINDINGS 1. that the proposed construction does not conform to the setback requirements and the Board has granted a Variance. 2. that the proposed construction will be farther away from the wetlands than the existing structure. 3. hat 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%. 4. that there is adequate land area to provide sufficient parking. 5. that 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. 6. that the immediate neighborhood consists of single-family homes of similar size. Many have been improved with additions or reconstruction. 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 duly made and seconded, the Zoning Board of Appeals voted unanimously on November 17, 1999 to grant a Special Permit to allow the applicants to demolish an existing dwelling, to build a single-family home within the same footprint and to build an addition. The Special Permit is conditioned upon compliance with Cape &Islands Engineering plan entitled: "Site& Topographic Plan, Located in Mashpee—Mass., Prepared for Donald Laffert,Plan No. 070299, Date: July 2, 1999, Revised: 8/12/99, 8/18/99, 8/27/99 and 9/21/99".