01/11/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Judy Miller 2 Board of Appeals SP-06-08 the new deck. There are 2,600 square feet of mitigation plantings being proposed as well. The Board asks if the sonitubes will be what is going into the wetlands. Mr. Santos says that it is. The Board does not feel this deck is wholly necessary. They would be looking for a 12 foot variance to the wetlands. As the Board is not looking favorably upon this variance, Mr. Santos decides to withdraw the request as his client realizes this may be a difficult decision for the board to make. The Board reviews the plans for the special permit request and feels this would be acceptable as there would be a reduction in nitrogen which is good. Mr. Santos formally requests the variance to be withdrawn. Robert Nelson makes a motion to withdraw the variance. Marshall Brem seconds the motion. All agree. Valiance is withdrawn. Marshall Brem moves to grant the Special Permit. Frederick Borgeson seconds the motion. Evano Cunha votes no. Robert Nelson votes yes. Zella Elizenberry votes yes. Motion is carried 4-1. The Board would like to add "utilize the existing foundation and add a new foundation for the additions." The Conservation Commission and the Board of Health have approved the proposal. No comments were received from abutters. 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 finding that the razing, extension, alteration or change 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 2 Popponesset Island Road and contains 29,000 square feef. SPECIFIC FINDINGS The Board determined that: I. the proposal will decrease the non-conforming nature of the structure and 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. 2. the immediate neighborhood consists of single-family homes of similar size; many of which have been improved with additions or reconstruction.