08/09/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Carolyn Costa, Trustee for A.J. Trust 2 Board of Appeals SP-06-60 bedroom single family dwelling with an attached 2 car garage. A new title 5 system will replace the existing disposal system. The lot coverage will be 11%. The lot is non- conforming since it is not 40,000 square feet and sits in the R-3 zoning district. The Board discusses the fact that the lot was non-conforming before the house was demolished and one could argue that the variance relief is not necessary. The plans are reviewed and it is determined that the variance will be withdrawn by the applicant since all of this can be done with a special permit. The new house would not be more detrimental to the area and will not adversely impact any of the interests sought to be protected under Section 174-24 of the by-law. There has been no change in the proposal which was granted in 2004 by the board. The Board feels this is a reasonable request considering the past applications have been granted. Marshall Brem moves to grant the special permit. SPECIAL PERMIT CRITERIA: Section 174-20 of the zoning by-laws states that rebuilding of destroyed or nonconforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in § 174-24 of this chapter. GENERAL FINDINGS 1. that the subject property is located at 55 Quaker Run Road and contains 14,505 square feet. SPECIFIC FINDINGS Per § 174-24 of the Zoning By-laws, the Board determined that the proposed use or development: 1. is consistent with applicable state and town regulations, statutes, bylaws and plans. 2. will not adversely affect public health or safety. 3. will not cause excessive demand on community facilities. 4. will not significantly decrease surface or groundwater quality or air quality.