05/26/2004 ZONING BOARD OF APPEALS Minutes

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i a y lown of Mashpce 16 Great ,Veck Poacl CVordt 1Wash,pee, Wassa.chuscas 0-649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Lawrence and Josephine Cohen 8 Bowsprit Point Applicant: Robert Najarian Map 105 Parcel 222 SP-04-76 A Petition was filed on April 23, 2004 for a Special Permit under Sections 174- 17, 174-20, 174-24C, 174-59 and 174-63 of the Zoning By-laws to allow for demolition of an existing dwelling and rebuild of a new house below the eleven foot flood plain elevation on property located in an R-3 zoning district at 8 Bowsprit Point (Map 105 Parcel 222) 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 May 7, 2004 and May 14, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on May 26, 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 Zella Elizenberry. 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. Attorney Kevin Kieran of Dunning and Kirrane represents the petitioners at this hearing. They are seeking a Special Permit and a Variance in order to tear down the existing 3,000 square foot dwelling and construct a new 5,100 square foot dwelling. The