10/10/2012 ZONING BOARD OF APPEALS Minutes

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Et o ) r v �y 4a i,'l (4-(ut "Cck [r ,, -\r rth t F:f,Iw(r, is i.s 0,640 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2012-54 DiVerdi Builders, Inc. Registry of Deeds Title Reference: 246 Monomoscoy Road Book: 26631 Page: 93 Map 120 Parcel 53 Document: 50090 Mashpee, MA 02649 A Petition was filed on September 18, 2012 by DiVerdi Builders, Inc. requesting a Special Permit under Section 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non-conforming structures to allow for construction of a single- family dwelling on property located in an R-3 zoning district at 246 Monomoscoy Road (Map 120 Parcel 53) 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 September 21, and September 28, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on October 10, and October 24, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, and Judith M. Horton and Associate Member John M. Dorsey. Board Member James Reiffarth stepped down. 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. At the Public Hearings on October 10, 2012, Mr. John Slavinsky of Cape & Islands Engineering represented the Petitioner and submitted revised plans. The existing structure was built in 1965 on the 7,500 square-foot lot. Plans call for demolition of the old structure to be replaced with construction of a new three-bedroom dwelling. Two of the proposed decks will be constructed further away from the sideline setbacks than the existing decks. The failing cesspool will be upgraded with a new Title V septic system. The Conservation Commission approved the proposal and issued an Order of Conditions on October 3, 2012. The proposal will be 1.5 feet closer to the wetlands. The Board of Health has approved the proposal and restricted it to three bedrooms. After a short discussion,the Board requested a revised site plan with the proposed side steps and roof calculated into the lot coverage and setback figures. The Board voted unanimously to continue the Petition until October 24, 2012.