12/10/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Stephen Marcus and Carol Augustyniak 4 SP-08-49 Findings of Fact James Reiffarth snakes a motion to grant a Findings of Fact whereby the proposed dwelling is not more detrimental to the neighborhood. Robert Nelson seconds the motion. All agree. So moved. SPECIAL PERMIT CRITERIA Section 174-17 and 174-20 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a"Findings of Fact"that the razing, extension, alteration or removal shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. GENERAL FINDINGS 1. that the subject property is located at 52 Spoondrift Way and contains 23,230 square feet. SPECIFIC FINDINGS The Board determined that: 1. the proposal will decrease the non-conforming nature of the structure and the i 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.. 2. The proposed pool will be removed. 3. the proposed porch will be reduced in size so as not to sit any closer than 10 feet to the top of the coastal bank. In 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 for Findings of Fact. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on February 11, 2009 to grant a Special Permit/Findings of Fact to allow for razing, altering, changing and removal of the dwelling and rebuilding of a new three bedroom dwelling. Special Permit/Findings of Fact has been granted conditioned on plans from Cape &Islands Engineering, dated October 28, 2008, revised January 15, 2009, revised February 5, 2009 and revised February 25, 2009, File No. 109MA.