12/12/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Carol Kelley 2 Board of Appeals SP-07-78 9"' to approve all the changes and have them get through Conservation as well. All agree to this and both the special permit and variance request will be continued until January 9, 2008 . Brian Harris from Bennett Engineering is here at the continued hearing from December 12, 2007. Mr. Harris was given the opportunity to continue the hearing again since there are only four available voting members at the hearing tonight. Mr. Harris has decided to go forward with the hearing and is comfortable with the four sitting members. At the December 12, 2007 hearing,the ZBA asked applicant to move the garage away from the lot line to be at 15 feet and to clip the corner of the existing deck so it sits at 10 feet from the lot line in order to satisfy Mrs. Marilyln Sinkiewicz's letter that was submitted to the Board regarding the existing deck and her request to have no new construction closer to her home/lot line. Although the deck was previously existing, the Kelley's were amenable to clipping the edge of the deck to keep it 10 feet from the lot line. The Board appreciated his effort to comply with the neighbor's request. Additionally, Mr. Harris told the Board that the septic system has been turned to align with Captain's Row at a better angle and the garage is now attached to the main dwelling and the driveway will be made out of porous pavement. Mr. Nelson thanks Mr. Harris for completing the new plot plan with the requested changes. James Reiffarth makes a motion to grant the Special Permit. 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 finding that the razing, extension, alteration or change 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 174 Captains Row and contains 18,761 square feet..