08/09/2000 ZONING BOARD OF APPEALS Decisions

Home Browse Search

3 I Town o Mash ee . y MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck oad Xorth RE Mashpee,Massachusetts 02649 Decision for a Special Permit RE: New Seabury Properties, LLC SP-00-151 66 Main Street—Map 47 Block 8 72 Main Street—Map 47 Block 9 78 Main Street—Map 47 Block 10 A Petition was filed on July 17, 2000 by New Seabury Properties, LLC of ! Mashpee, Massachusetts for a Special Permit under Section 174-17 of the Zoning I . By-laws to modify a pre-existing, non-conforming use to remain a seasonal use on i property located in an R-5 zoning district at 66, 72 and 78 Main Street(Map 47 Block 8, Block 9 and Block 10)Mashpee, MA. Owner of record: Charles P. and Barbara B. Soliz, Trustees of Soliz Realty Trust. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a III newspaper of general circulation in the Town of Mashpee, on July 21 and July 28, 2000, a copy of which is attached hereto and made a part hereof. I' j A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, August 9, 2000, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Zella E. Elizenberry and Marshall A. Brem. Mr. Govoni stepped down and left the room. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the is provisions of Massachusetts General Laws, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. SII' Attorney Robert F. Mills represented the Petition and referred to Section 174-17 which reads: "Changes,extensions or alterations of nonconforming single-or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above,and changes, extensions or alterations of all other nonconfonning structures, or nonconforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required." Attorney Mills explained that the Petitioner is requesting that the Zoning Board of Appeals make written findings consistent with the provisions pertaining to Special I Permits that the proposed use is not more detrimental to the community than the current use. He stated that New Seabury Properties, LLC is neither requesting permission to combine any of the parcels nor permission to operate on a year-round basis.