06/23/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Michelle A. & Michael Vizziello SP -99-50 At the Public Hearing on Wednesday, July 14, 1999, Mr. Vizziello represented his application. Mr. Govoni read the letter from the Conservation Commission expressing approval of the project. He also read the letter from the Board of Health approving the modified septic system with the installation of ultra -violet treatment. Mr. James Hanks, Secretary, Monomoscoy Improvement Trust, was contacted and he stated that the trust has no objection to the proposed project. No other comments were received from abutters. FINDINGS General Findings 1. the subject property is located at 42 Great River Road and consists of 8,364 square feet. Special Permit Criteria Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law 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. _Specific Findings 1. that the proposed construction conforms to the setback requirements. 2. that while the proposed construction 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. 3. that the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction. 4. that due to the unusual shape of the lot, there is no other location for the construction. 5. that the upgrade to a revised denitrification unit with ultraviolet treatment will be an improvement to the property. 6. that the project will be on the exact footprint of the existing structure. hi view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Board of Appeals voted unanimously on July 14, 1999 to grant a Special Permit. The permit is conditioned upon the following: 1. compliance with plan of Holmes and McGrath, Inc., being "Site Plan of Proposed Demolition and Construction, Prepared for Michelle & Michael Vizziello, For Lot 71 #42 Great River Road in Mashpee, Date: Apr. 14, 1999". 2. the applicant shall re -grade Russell Road from Monomoscoy Road and maintain it at a minimum width of 14 feet and a minimum height clearance of 13.5 feet to allow for access by fire and emergency apparatus.