04/09/2008 ZONING BOARD OF APPEALS Minutes

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y lown oj Mashpce 16 0-cat Afeck koa(I Ni)rth Mashpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Robyn Laukian 50 Waterway Map 105 Parcel 209 SP-08-15 A Petition was filed on March 18, 2008 for a Special Permit under Sections 174- 17, 174-20, 174-24C, 174-59 and 174-63 of the Zoning By-laws for permission to demolish a pre-existing non-conforming dwelling and construct a single-family home on property located in an R-3 zoning district at 50 Waterway (Map 105 Block 209) 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 March 21, 2008 and March 28, 2008, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April 9, 2008 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Jonathan Furbush, James Reiffarth, Jack Dorsey and William Blaisdell. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kirrane of Dunning &Kirrane represents the applicant at this hearing. They are seeking a special permit to raze and replace the existing non- conforming structure. The new dwelling will have 4 bedrooms instead of 5 bedrooms and the new structure will be more conforming as far as setback issues. There will be adequate parking and a new septic system will be more beneficial to the neighborhood and the property itself. Although this will be constructed in the flood plane there will be no habitable living space below the flood plane and a rain garden will improve the existing site plan. The current lot coverage is 15.9% and the proposed lot coverage will