09/23/2009 ZONING BOARD OF APPEALS Minutes

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o' «N./syVown of Mashpee �(• c e 16 Crrcat,Veck oacl_)V)1-111, -.._ � MASHPEE ZONING BOARD OF APPEAL 8laslapee, Massachusetts 02649 Decision for a Special Permit "Findinl4s of Fact" RE: Katherine Howe 76 & 78 Spoondrift Way Map 112 Parcels 42 &43 SP-09-31 A Petition was filed on September 2, 2009 for a Special Permit and Findings of Fact under Sections 174-17 of the Zoning By-laws for permission to change/alter a pre- existing, non-conforming dwelling to add additional living space on property located in an R-3 zoning district at 76 & 78 Spoondrift Way (Map 112 Parcel 42&43) Mashpee, 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 September 11, 2009 and September 18, 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 Hinden. 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 Marls Gildea represents the applicants at this hearing. John Slavinksy of Cape & Islands Engineering is also present for the hearing. They are seeking to partially demolish and rebuild a pre-existing non-conforming structure. They have combined two lots and built one house on it. The deck will be 32 feet from the wetlands, however all the other setbacks have been improved. The lot coverage is adequate and it is an improvement to the neighborhood. The Conservation Commission has approved the