09/23/2009 ZONING BOARD OF APPEALS Minutes

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lown oj'Maslipec c:.'rr r k 16 Great A A �koad JXor-th ��,�� MASHPEE ZONING BOARD OF APPEAL§1ashpcc, lassachusetts 02649 Decision for a Special Permit "Findings of Fact" RE: Patricia M. Bell 45 Popponesset Island Road Map 106 Parcel 14 SP-09-29 A Petition was filed on August 12, 2009 for a Special Permit and Findings of Fact under Sections 174-17 and 174-24C and 40A section 6 of the Zoning By-laws for permission to add additional living space to a pre-existing, non-conforming dwelling on property located in an R-3 zoning district at 45 Popponesset Island Road (Map 106 Parcel 14) Mashipee, 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 August 21, 2009 and August 28, 2009, a copy of which is attached hereto and made a part hereof. A Public Hearing was scheduled to be heard on Wednesday, September 23, 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, William Blaisdell, Jack Dorsey and Peter Hindenn. 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. Attorney Kevin Kirrane of Dunning & Kirrane represents the applicant at this hearing. John Slavinsky of Cape & Islands Engineering is also present. They are seeking a Special Permit/Finding of Fact in order that they may build this small addition to be used as office space. The dwelling is a pre-existing non-conforming structure and the portion at issue here sits at 10.6 feet off the lot line. The proposed addition will put the closet corner of the addition to 6.1 off the lot line. Elevation plans have been