11/18/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Richard Tempesta and Linda Tempesta 107 Ninigret Avenue (Map 72 Parcel 61) Mashpee, MA 02649 SP-2020-41 SPECIAL PERMIT FINDINGS: The Board determined the following; • The home is pre-existing, non-conforming and is not substantially more detrimental than the existing non-conforming structure or use to the neighborhood. • There is adequate land area to provide sufficient parking and setbacks as may be required. • Variance relief is not required due to the size and location of the lot, and the proposed new dwelling will comply with the current setbacks and lot coverage. In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, November 18, 2020, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Richard Tempesta and Linda Tempesta at 107 Ninigret Avenue, (Map 72 Parcel 61), Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Proposed Site Plan: Located at: 107 Ninigret Avenue,Mashpee, MA. Prepared for: Richard & Linda Tempesta, Date: August 20, 2019, Scale: 1" = 20', Prepared by: MacDougall Surveying & Associates, Mashpee, MA. Stamped by: Edward A. Stone, Registered Land Surveyor. 3. House Plans: Prepared for: 107 Ninigret Ave,Mashpee,Date: July 1, 2020, Project No.: H-132, Scale: '/a" = 1', Sheet 1: Front Elevation: Total Heated Area = 2,276 sq. ft., Sheet 2: First Floor Plan, Sheet 4: Second Floor 3 Bedroom Plan. 4. Conditioned on all Town Department comments read into the record. Including but not limited to a letter of concerns submitted by Catherine Laurent, DPW Director that the applicant must seek and obtain approval with the GIS Coordinator as to the location of the driveway. 3