06/24/2009 ZONING BOARD OF APPEALS Minutes

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raze and replace the structure with a four bedroom dwelling, although the septic system can accommodate six bedrooms. Conservation has approved this project and an Order of Conditions has been issued. Attorney Kirrane informs the Board that there is adequate parking for a Special Permit to be issued as well as it not being more detrimental to the neighborhood. They are also proposing a pool that will be 25 feet from the welands area. Michael Talbot, Landscape Specialist presents his plan to the Board as well. Mr. Talbot along with Dr. Mario DiGregoria—Wetlands Specialist discuss the planting mitigation plan and the specifics on the wetlands. Mr. Talbot informs the Board that the applicant proposes 10,000 square feet of mitigation plantings will be provided although only 3,000 square feet are required to replace much of the turf that is presently there now. This will stabilize the area and help reduce impacts from storms or flooding. Removing the turf will decrease much of the pollution that the fertilizer causes thus the plantings will be more beneficial to preserving the items conservation is concerned with. Dr. DiGregoria addresses the board regarding the diverse native species being planted and the applicant is taking all necessary precautions to improve the property and the wetlands area that may be disturbed. He further informs the board that the wetlands area is of little or no value and will have no adverse impact on the area. He also feels the pool will not be a detriment to either the neighborhood of the Town in general. The pool will sit within 25 feet of the wetlands resource area so variance relief has been sought. An abutter, Victor Corda— 133 Popponesset Island Road- submits a letter to the Board for support of the project. Abutter Alfred White of 2 Cross Street Way asks to view the plans but has no objection to the project. The Board has some general discussion with Attorney Kirrane and reviews the project. Jonathan Furbush makes a motion to grant the Special Permit (Findings of Fact), Robert Nelson seconds the motion. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. SPECIAL PERMIT CRITERIA Section 174-17 and 174-20 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a"Findings of Fact"that the razing, extension, alteration or removal shall not be substantially more detrimental to the neighborhood than the existing non-conforming use.