09/09/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Jeff and Susan Rutchik 2 SP-09-30 better situation than what currently exists. James Reiffarth makes a motion to grant the Findings of Fact. Jonathan Forbush seconds the motion. All agree. So moved. r Reference plans from Cape & Islands Engineering, dated August 6, 2009. 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. GENERAL FINDINGS 1. that the subject property is located at One Waterline Drive and contains 19,200 square feet. SPECIFIC FINDINGS The Board determined that: 1. the proposal will not be more detrimental to the neighborhood. 2. Conservation Commission has approved this project. 3. The distance to the wetlands will be decreased with the new dwelling. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Special Permit for Findings of Fact. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on September 9, 2009 to grant a Special Permit/Findings of Fact to allow for razing, altering, changing and removal of the dwelling and rebuilding of a new dwelling. Special Permit/Findings of Fact has been granted conditioned on plans from Cape & Islands Engineering, dated August 6, 2009.