04/14/2004 ZONING BOARD OF APPEALS Minutes

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lown of Alashpcc 16 Glyya AA load M)r1h MASHPEE ZONING BOARD OF APPEAL 1 as1,1,pee, Altssachusctts 02649 Decision for a Special Permit RE: Beverly Plummer 16 Wilson's Grove Road Map 118 Parcel 71 SP-04-59 A Petition was filed on March 17, 2004 by Beverly Plummer for a Special Permit under Section 174-20 of the Zoning By-laws to allow for demolition of an existing dwelling and rebuild of a new 46' x 24' house and garage on property located in an R-3 zoning district at 16 Wilson's Grove Road (Map 118 Parcel 7 1) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on March 26, 2004 and April 2, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was scheduled for April 14, 2004 on the Petition at the Mashpee Town Hall, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Robert Nelson and Zella Elizenbeny. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. SPECIAL PERMIT CRITERIA: Section 174-20 of the zoning by-laws states that rebuilding of destroyed or nonconforming building or structure destroyed or damaged by fire, flood lightning,wind or otherwise maybe rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in § 174-24 of this chapter. David Sanicki of Cape&Islands Engineering represents the petitioner at this hearing. She is seeking a special permit in order to demolish the existing dwelling on and equest before the Board as well seeking relief rebuild a new house. There is a variance r from the setback requirements. The Board feels this would be an improvement to the area and they make a motion to grant the special permit.