10/26/2011 ZONING BOARD OF APPEALS Minutes

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4 Town of Alashpee 16 Great vNG-ck �koad Arth h ashpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2011-37 Cornelius A. and Maureen Ferris Map 124 Parcel 39A 38 Seconsett Point Road Registry of Deeds Title Reference: Mashpee, MA 02649 Book 11850 Page 291 A Petition was filed on September 22, 2011 by Cornelius A. and Maureen Ferris for a Written Finding under Section 174-17 of the Zoning By-laws concerning continuance, extensions and alterations of pre-existing, non-conforming structures and a Special Permit under Section 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non-conforming structures to allow for demolition of a pre- existing, non-conforming dwelling to be replaced with construction of a single-family home on property located in an R-3 zoning district at 38 Seconsett Point Road (Map 124 Parcel 39A) Mashpee, MA. The 2008 Special Permit granted on this property has lapsed. 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 October 7, and October 14, 2011, 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 26, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and Ronald S. Bonvie, and Associate Member Judith M. Horton. 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. Mrs. Maureen Ferris and Mr. Richard Nugent represented the Petition. Mrs. Ferris stated that the Variance and Special Permit granted by the Board in 2008 expired due to the failing economy. She stated that she and her husband recently sold their home in Southborough and can now proceed with their construction plans on the subject property. The existing dwelling will be demolished and the new construction will remain within the same footprint that the Board approved in 2008. Mr. Nugent said that the only changes that have been made to the proposal are within the interior of the home. The open Order of Conditions from the Conservation Commission expires on October 23, 2013. The Board recommended that the Petitioner contact the Conservation Commission. The Board also advised the Petitioner to notify the Board of Health of the revised plans.