08/09/2006 ZONING BOARD OF APPEALS Minutes

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wn of G �• 16 Grew Vick ko(0_'f)rth �Rvstniit�L�� Mcish.pce, McissachuSetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Perinit RE: Carolyn Costa, Trustee A.J. Trust 55 Quaker Run Road Map 90 Parcel 40 SP-06-60 A Petition was filed on July 21, 2006 for a Special Permit under Sections 174-17, 174-20, 174-21 and 174-24 of the Zoning By-laws to alter and demolish a pre-existing non conforming structure and to build a new house on property located in an R-3 zoning at 55 Quaker Run Road (Map 90 Parcel 40) 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 July 28, 2006 and August 4, 2006, a copy of which is attached hereto and made a part hereof. A Public Hearing was scheduled for August 9, 2006 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, Marshall Brem, Zella Elizenberry, James Reiffarth,•and Jonathan Furbush. 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 and Kirrane represents the applicant at this hearing. They are seeking a special permit and variance in order to demolish the existing dwelling and rebuild a new dwelling. There were two special permit previously-granted that expired although the septic system has been installed and the building has already been demolished. (SP-98-138) and (SP-04-42). This permit expired also and although the existing structure was removed, the owner decided to sell the property. The current owner has been unable to build on the lot and was told by the building department they needed to reapply for zoning relief. The parcel, now vacant, is a combination of two lots which had been combined and now consists of some 14,505 square feet with 150' of frontage along Quaker Run Road. Applicant is proposing to construct a 2 story (3)