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(06Yry <br /> Town of Mashpce <br /> yWy f = 6 <br /> 16 G'cat r Veck koad Vor d i, <br /> MASHPEE ZONING BOARD OF APPEALkashpcc, Nlassachuscus 02649 <br /> Decision for a Special Permit <br /> RE: Shane T. Caiazzo 8 Chart Way <br /> Map 106 Parcel 16 <br /> SP-09-18 <br /> A Petition was filed on April 21, 2009 for a Special Permit under Sections 174- <br /> 17, 174-20 and 174-24C of the Zoning By-laws for permission to raze and replace a pre- <br /> existing non-conforming structure on property located in an R-3 zoning district at 8 Chart <br /> Way (Map 106 Parcel 16) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br /> a newspaper of general circulation in the Town of Mashpee, April 24, 2009 and May 1, <br /> 2009 a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was heard on the Petition on May 13, 2009 at the Mashpee <br /> Town Hall at which time the following members of the Zoning Board of Appeals were <br /> present and acting throughout: Robert Nelson, Jonathan Furbush, James Reiffarth, <br /> William Blaisdell and Jolui Dorsey. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Kevin Kirrane of Dunning and Kirrane represents the applicant. They <br /> are before the Board to obtain a special permit for a raze and replace. The present <br /> structure is sited on two single residential lots that were combined and they are proposing <br /> to replace it with a new, larger dwelling with newer more efficient features. They also <br /> wish to install an in-ground swimming pool. The current dwelling is a pre-existing non- <br /> conforming structure and while the new dwelling does not meet the current zoning, it is <br /> not more detrimental to the area and they have sufficient parking and setbacks. The lot <br /> contains 21,658 square feet and has frontage of 153 feet. The current dwelling sits inside <br /> the wetlands resource area and does not meet the requirement for a 50 foot setback to the <br /> r coastal bank. The new dwelling will not be any more detrimental that what currently <br />