11/10/2004 ZONING BOARD OF APPEALS Minutes

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a �y lown oj' Y1 shpce 16 Great, A'cck Toad )Voi-tl t ��v�enu�ec� ey -)IlCtshp(p e, .Mcissach,t.tsett:s 62649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Robert Mancuso 288 Shore Drive Map 123 Parcel 188 SP-04-158 A Petition was filed on October 19, 2004 by Robert Mancuso for a Special Permit under Section 174-20 of the Zoning By-laws for permission to demolish the existing dwelling and build a new house on property located in an R-3 zoning district at 288 Shore Drive (Map 123 Block 188) 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 October 22, 2004 and October 29, 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,November 10, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Zella E. Elizenberry, Richard Guerrera, Robert Nelson, Marshall Brem.and James Regan. 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. Mr. Michael Aceto represented the petitioner at this hearing. It was determined that petitioner's property lies outside the Popponessett Overlay District and therefore it is necessary to obtain a demolition permit. The Board reviews the site plans with Mr. Aceto and they feel all documents are in order. The Board moves to grant the Special Permit. SPECIAL PERMIT CRITERIA Section 174-20 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a finding that the extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use.