03/27/2002 ZONING BOARD OF APPEALS Decisions

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' r Mashpee Zoning John& Lillian Chilingerian SP-02-42 2 Board of Appeals SPECIAL PERMIT CRITERIA §174-20 I "Rebuilding of destroyed or damaged nonconforming structure. Any nonconforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in § 174-24 of this chapter". lhi GENERAL FINDINGSI .I 1. that the subject property is located at 77 Horseshoe Bend Way and consists of 15,939 square feet of land. SPECIFIC FINDINGS Per§ 174-24 of the Zoning By-laws, the Board determined that the proposed use or lil ;i development: � r L is consistent with applicable state and town regulations, statutes, bylaws and plans. 2. will not adversely affect public health or safety. 3. will not cause excessive demand on community facilities. 4. will not significantly decrease surface or groundwater quality or air quality. 5. will not have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, fisheries,public lands or neighboring properties. 6. will not cause excessive levels of noise, vibrations, electrical disturbance radioactivity or glare. I �I 7. will not destroy or disrupt any species listed as rare, endangered or threatened by the Massachusetts Natural Heritage Program or any known historic or L' archaeologic site. 8. will not produce amounts of trash, refuse or debris in excess of the town's a III landfill and waste disposal capacities. 9. will properly dispose of stumps, construction debris, hazardous materials and other waste. ' 10will provide adequate off-street parking. Ij jl l! 11. will not cause excessive erosion or cause increased runoff onto neighboring j j!k properties or into any natural river, stream, pond or water body and will not IIIIj otherwise be detrimental to the town or the area. I i ; il 12. will be an improvement with installation of a denitrification septic system. 01, 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 March 27, 2002 to grant a Special Permit. The Special Permit is conditioned upon compliance with Advanced Technology Solutions plan entitled `Sewage System Design for John& Lillian Chilingerian, 115 Kingston Rd. Waltham MA 02154 on 77 Horseshoe Bend Rd. Map 40 Pc 8-0-R, Mashpee, MA, Date: 12-10-01, Rev: 2-12-02'. The Petitioner must post a Performance Security, which amount shall be determined by the Building Commissioner, for the before and after care of Horseshoe Bend Way to guarantee that the road is restored to its prior condition before construction commenced at 77 Horseshoe Bend Way.