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MASHPEE ZONING BOARD OF APPEALS <br /> Richard J. Cleary and Janet M. Cleary <br /> 16 Spoondrift Way(Map 111 Parcel 121) <br /> Mashpee, MA 02649 <br /> FINDING-2013-53 <br /> Mr. Furbush read the Conservation comments dated December 6, 2013; "In regard <br /> to the proposed project at 16 Spoondrift Way. I have met with the engineer on site and we <br /> went over what is being proposed. The engineer also presented a preliminary plan of <br /> proposed activities, including mitigation for slight encroachments closer to the wetland <br /> edge (still outside the 50' buffer). This project, as presented in preliminary review also <br /> appears to meet all applicable performance standards for areas within the buffer zone to <br /> coastal bank and salt marsh as well as Land Subject to Coastal Storm Flow. I do not <br /> anticipate any issues with this proposal when it comes before the Conservation <br /> Commission at our January 9th hearings." <br /> GENERAL FINDINGS: <br /> The subject property located at 16 Spoondrift Way consists of approximately <br /> 15, 200 square feet. <br /> WRITTEN FINDING CRITERIA: <br /> §174-20.Rebuilding of Destroyed or Damaged Nonconforming Structure Any non- <br /> conforming building or structure destroyed or damaged by fire, flood lightning, wind or <br /> otherwise maybe rebuilt, subject to approval of the Board of Appeals subject to the same <br /> conditions as set forth in §174-24 of this chapter. <br /> Section 174-24(C) of the Bylaw specifies the terms and conditions upon which <br /> Special Permits are to be issued in Mashpee. <br /> SPECIFIC WRITTEN FINDINGS: <br /> The Board determined that: <br /> 1. The proposed reconstructed dwelling will not be substantially more detrimental <br /> than the existing non-conforming structure or use to the neighborhood. <br /> 2. The new dwelling will be an improvement to the lot, and is similar in size and <br /> character to other existing structures in the neighborhood. <br /> 3. The proposed dwelling, based upon the plans submitted to the Board, will be <br /> consistent with applicable state and Town statutes, regulations, bylaws and plans, <br /> will not adversely affect public health or safety, will not cause excessive demand <br /> on community facilities, will not adversely impact surface or groundwater quality, <br /> air quality, wildlife habitat, estuarine systems, traffic flow, traffic safety, public <br /> lands, neighboring properties or, otherwise, impact any of the interests itemized in <br /> §174-24( C ) of the Zoning Bylaw. <br /> 3 <br />