10/13/2004 ZONING BOARD OF APPEALS Minutes

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Town of Nashpee 16 Gr cat,Cck ko(td JVi)ah 'y U ISE Allasl ipce, NlassachusCUS 02649 �A .F:Lam" MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Re: Kenneth G. Lane 30 Wilson Grove Map 118 Parcel 81 SP-04-136 A Petition was filed on September 21, 2004 by Kenneth G. Lane for a Special Permit under Section 174-20 of the Zoning By-laws in order to demolish a pre-existing non-conforming structure and build a new house on property located in an R-3 zoning district at 30 Wilson Grove (Map 118 Parcel 81) 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 September 24, 2004 and October 1, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, October 13, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Zella Elizenberry and Robert Nelson and Frederick Borgeson. 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. Kenneth Lane and Terry Luff, Architect represent themselves at this hearing. They are seeking a special permit to alter and demolish a pre-existing non-conforming structure and replace it with a new 2 bedroom dwelling within the same footprint. Mr. Lane informs the Board that the area in Wilson Grove are all about 5,000 square foot lots and pre-date the zoning, although his lot is only 2, 250 square feet. They plan to remain in the same footprint; however, the existing footprint does not meet the current zoning requirements. The Board discusses that area in general and how the lots are so small. The existing septic system is about 10 years old and can accommodate the