02/25/2015 ZONING BOARD OF APPEALS Decision

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Town of N ash ee d� 5�TM 16 Great Act goad<N rlh J'hlttsl2pee,Massachusetts tl21i49 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2015-01 Judith J. Miller Certificate of Title#: 196130 2 Popponesset Island Road Doc. #: 1054248-1 (Map 105 Parcel 267) Mashpee, MA 02649 A Petition was filed on December 9, 2014 by Judith J. Miller requesting a Special Permit under Article V §174-17 and §174-20 of the Zoning Bylaws to allow for alterations and construction of a master bedroom, family room, and existing kitchen, on property located in an R-3 Zoning District at 2 Popponesset Island Road, (Map 105 Parcel 267), Mashpee,MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on December 26, 2014 and January 2, 2015 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on February 25, 2015 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chainnan,William Blaisdell, Board Member, Richard Jodka, and Associate Member, Dom DeBarros Also present was Building Commissioner, Michael Mendoza. This hearing was continued from January 14, 2015. Mr. Furbush told the applicant that there were only four (4) Board Members present, and all four members would have to vote positive for the petition to pass. He asked the applicant if he had any objection to only four available members, and he could request a continuance if needed. Mr. Raul Lizardi-Rivera, of Holmes and McGrath, Inc. accepted to continue the hearing and represented the Petitioner for the house reconstruction application. A Special Permit was approved back in 2006, but was never constructed and has since expired. The new project is designed on a smaller scale and involves renovating the inside of the house adding two additions to the building towards the North and East. There are no changes in the number of bedrooms, and no changes to the Title V septic system or driveway. The non-conformity to the house is the setback from Popponesset Bay,and there are no changes to that existing non-conformity. 1