04/08/2009 ZONING BOARD OF APPEALS Minutes

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t Utt'ty lown f Mashpec MASHPEE ZONING BOARD OF APPEALS 16 Grcat Neck lkoad,No)rth, Utshpce, l)lassachusetts 02649 Decision for a Special Permit "Findings of Fact" RE: Jolui Ghublikian 140 Summersea Road Map 105 Parcel 62 SP-09-12 A Petition was filed on March 16, 2009 for a Special Permit/Findings of Fact under Sections 174-17, 174-20 of the Zoning By-laws for permission to raze and replace a pre-existing, non-conforming dwelling and rebuild a new dwelling on property located in an R-3 zoning district at 140 Summersea Road (Map 105 Parcel 62) Maslipee, 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 March 20, 2009 and March 27, 2009 a copy of which is attached hereto and made a part hereof. A Public Hearing was heard on Wednesday, April 8, 2009 on the Petition at the Mashpee Town Hall, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and John Dorsey. Steve Cook, of Cotuit Design represents the applicants at this hearing. They are seeking to raze and replace the current pre-existing non-conforming dwelling. They are requesting a Special Permit (Findings of Fact) and a variance for the setbacks to the coastal banks. They have been approved with an NOI from Conservation. The setbacks were determined when the lot was created in 1967. The proposed structure will consist of 2 story dwelling and will maintain 15% lot coverage. The Board reviews the plans and Mr. Cook's presentation. Lori Corsi reminds the Board they are only required to find that this project is either more detrimental to the neighborhood or not since they need to submit a Findings of Fact only. James Reiffarth makes a motion to grant the Special Permit (Findings of Fact).