09/13/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals David Hufiiagel 2 SP-06-66 Owner of Record: James Kalweit re-drawn depicting said requests. The Board had asked for applicant to satisfy all requests from the Fire Department and the DPW with respect to signs on the roads and widening the street for access by emergency vehicles. Mr. Nelson reads into the record the emails from the DPW and Fire Department stating that once all requirements are complete, they will be satisfied. The Board discusses notifying the abutters specifically on widening the road just for a courtesy purpose since it will affect them directly. Attorney Watt mentions they do not want any legal ramifications from this notification. It is decided a letter will be written by the applicant to just inform the abutters about the street improvement. The Board also conditions this matter on an admistrative conservation matter to be resolved. Marshall Brem moves to grant the Special Permit conditioned on the abutters letter being delivered and final conservation approval. Jonathan Furbush seconds the motion. GENERAL FINDINGS 1. that the subject lot is located at 58 Monomoseoy Road West and contains 6,816 square feet. SPECIAL PERMIT CRITERIA Code of the Town of Mashpee § 174-20 states: "Rebuilding of destroyed or damaged non-conforming structure. Any non-conforming 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." 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.