02/25/2004 ZONING BOARD OF APPEALS Minutes

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Town of Mashpce 16 Grew Xeck &ud M)rth Nlashpec, Massachusetts 0,22649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Andrew Murray 31 Highview Avenue Map 50 Parcel 5 SP-04-36 A Petition was filed on January 22, 2004 for a Special Permit under Section 174- 20 of the Zoning By-laws to allow for demolition of an existing dwelling on property located in an R-5 zoning district at 31 Highview Avenue (Map 50 Parcel 5) 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 February 6, 2004 and February 13, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was scheduled for February 25, 2004 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: James Regan, Robert Nelson and Richard Guerrera. 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. 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. Wes Lohr, builder for the petitioner is representing Mr. Murray at this hearing. He is seeking a special permit in order to demolish the existing dwelling and rebuild a new house. The Board feels this would be an improvement to the area. Mr. Nelson moves to grant a special permit and the motion is seconded.