04/12/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Purikhorn Realty LLC 2 Board of Appeals SP-05-45 problem with that since it is not making it any more detrimental than what currently exists now. The Board moves to grant the Special Permit 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 80 Punkhorn Point Road and contains 1.0 acres. SPECIFIC FINDINGS The Board determined that: 1. 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. 3. a new septic system will erihance the area. 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. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on May 25, 2005 to grant a Special Permit to allow for razing, altering and changing of the dwelling and rebuilding of a new dwelling. The Special Permit is conditioned upon compliance with plans from Cape &Islands Engineering, dated Januaryl2, 2005, revised April 13, 2005 and revised May 10, 2005.