02/27/2002 ZONING BOARD OF APPEALS Decisions

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NE I Mashpee Zoning Lambrini Menounos & Effie Mellos 2 Board of Appeals SP-02-32 SPECIAL PERMIT CRITERIA §174-20 "Any 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 140 Captains Row and consists of 18,930 square feet of land. SPECIFIC FINDINGS PerJ § 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. 5. will not have a significant adverse impact on wildlife habitat estuarine systems, traffic flow, traffic safety, waterways, fisheries, public lands or neighboring properties. III 6. will not cause excessive levels of noise, vibrations, electrical disturbance ! � radioactivity or glare. 7. will not destroy or disrupt any species listed as rare, endangered or threatened � I by the Massachusetts Natural Heritage Program or any known historic or archaeologic site. 8. will not produce amounts of trash, refuse or debris in excess of the town's landfill and waste disposal capacities. � I II 9. will properly dispose of stumps, construction debris,hazardous materials and r other waste. III Ip 10. will provide adequate off-street parking. l 11. will not cause excessive erosion or cause increased runoff onto neighboring ,I I properties or into any natural river, stream, pond or water body and will not otherwise be detrimental to the town or the area. 12. will be an improvement with installation of a new denitrification septic system. In I,I ii 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 4 duly made and seconded, the Zoning Board of Appeals voted unanimously on March 27, 2002 to grant a Special Permit to allow for demolition of the existing dwelling located at 140 Captains Row. Because the Board voted unanimously to Deny Without Prejudice the request for a Variance V-02-31 the Special Permit is conditioned upon compliance with a revision of the J. E. Landers-Caule P.E. plan 'SITE SITE p PLAN Prepared for Lambrini Menounos of Lot 46 #140 Captains Row, Mashpee, MA, Date: 10/11/01, Rev. 1/9/02' showing that there shall be no encroachment into the front setback requirement. l i itI