12/09/2009 ZONING BOARD OF APPEALS Minutes

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Jeremy N. Stevenson 431 Monomoscoy Road VP-09-36 SPECIAL PERMIT CRITERIA: Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law Chapter 40A, Chapter 6, require a finding that the change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. SPECIFIC FINDINGS: 1. that the proposal is not substantially more detrimental and will be an improvement to the property. 2. that there is adequate land area to provide sufficient parking. 3. that the new dwelling will comply with all setback requirements and will be set farther back from the wetlands, thus eliminating the existing non-conformance. 4. that replacement of the existing cesspool with installation of a new Title V Septic System will be a substantial improvement to the property and surrounding neighborhood. 5. that the new dwelling will be built in compliance with flood zone regulations, which will be an improvement of the existing situation. 6. that the placement of drywells will prevent fun -off into the abutting wetlands, which will be an improvement to the property. 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. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on December 9, 2009 to grant a Special Permit. This is conditioned upon compliance with Cape & Islands Engineering Plan entitled: Proposed Site Plan Located in Mashpee, Mass., Prepared for Jeremy Stevenson, Date: Oct.27, 2009, Scale 1" = 20', File: I I IMA, PCS File". 3