07/13/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Thomas and Bomlie Smith 2 Board of Appeals SP-05-82 mitigation has been agreed upon. Attorney Borelli addresses the Board as well and states that everything submitted has been agreed upon and his client wishes him well with the project. Mr. Nelson states that he is very happy that everyone has worked things out with a positive outcome. The Board makes a motion to grant the special permit. SPECIAL PERMIT CRITERIA Section 174-17 of the Jvlashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a finding that the 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 226 Monomoscoy Road and contains 6,776 square feet. SPECIFIC FINDINGS The Board determined that: 1. while the proposal will increase the non-conforming nature of the structure, the changes will not result in a structure or use which is more detrimental to the neighborhood than the prior non-conforming structure and its use. 2. the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction. 3. due to the unusual shape of the lot, there is no other location for the proposed construction. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on September 28, 2005 to grant a Special Permit to allow for expansion of a pre-existing, non- conforming dwelling. The Special Permit is conditioned upon compliance with plans from Pesce Engineering &Associates of Plymouth, MA and Yankee Survey Consultants of Marstons Mills, MA, dated June 14, 2005 and revised September 20, 2005, Job 4 226Prop and plot plan from Edward Pesce dated September 16, 2005.