01/13/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Joann Wilson 12 Rock Island Road Mashpee, MA 02649 SP-10-02 Mr. Nelson acknowledged that the Petitioner has made sincere efforts to satisfy the Board's demands for revised plans in an effort to mitigate abutters' complaints. At this and previous Public Hearings, the Board listened to lengthy arguments presented by the Petitioner's representatives and carefully considered abutters' objections regarding excessive building height and lot coverage. The Board also read several letters and emails from abutters into the official Minutes. Mr. Marl,Gildea of 282 Shore Drive, who is a life-long resident of the neighborhood, mentioned examples of similar Variance relief granted to numerous homes in the immediate neighborhood. As an abutter and a neighbor, he said he supports the project and that the Board is not setting a precedent. SPECIAL PERMIT/FINDING OF FACT CRITERIA: Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law Chapter 40A, Chapter 6, require a finding that the change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. Section 174-20 of the Mashpee Zoning By-laws states that any non-conforming building or structure destroyed by fire, flood, lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in §174-24. Section 174-24 of the Mashpee Zoning By-laws states that a use or change of use which is denoted in §174-25 by the letters "SP" shall be permitted as a special exception only if a Special Permit is granted by the Zoning Board of Appeals as applicable. Construction, additions or land alteration involving a non-conforming use may be allowed only as a special exception by the Zoning Board of Appeals. GENERAL FINDINGS: that the subject property is located at 12 Rock Island Road and consists of 6,000 square feet of land. SPECIFIC FINDINGS: The Board determined that: 1. the proposal is not substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 2. there is adequate land area to provide sufficient parking. 3. an enforceable agreement has been filed by the Petitioner and approved by the Board of Health for installation of a three-bedroom Title V septic system by August 7, 2010, which will be an improvement to the subject property. 4. there is adequate land area to provide setbacks. 5. the Petitioner may demolish the pre-existing, non-conforming structure on the subject property and replace it with the proposal. 6. the proposal requires Variance relief to allow for construction on the subject property, which the Board has granted. 2