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12/13/2000 ZONING BOARD OF APPEALS Decisions
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12/13/2000 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning Calico Real Estate Limited Partnership SP-00-220 2 <br /> Board of Appeals <br /> At the continued hearings on January 24, 2001, Mr. John Slavinsky of Cape & <br /> Islands Engineering represented the Petition and stated that the previously proposed large = " <br /> deck has been reduced in size. The Conservation Commission has approved the project. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General <br /> Laws Chapter 40A, Chapter 6, require a finding that the extension, alteration or change <br /> shall not be substantially more detrimental to the neighborhood than the existing <br /> non-conforming use. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the proposed construction does not conform to the setback requirements and NIS, <br /> the Board has granted a Variance. i <br /> 2. the demolition of the existing structure and construction of a new home will <br /> be an improvement to the subject property and to the neighborhood;therefore, <br /> the construction will not result in a structure or use which is more detrimental <br /> to the neighborhood than the prior non-conforming structure and its use. v <br /> 3. the immediate neighborhood consists of lots of similar size with single-family <br /> homes of similar size; many of which have been improved with additions or <br /> reconstruction. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Special Permit Upon motion <br /> duly made and seconded,the Zoning Board of Appeals voted unanimously on January ,. <br /> 24, 2001 to grant a Special Permit to allow for demolition of the existing structure on the <br /> subject property. <br /> The Variance is conditioned upon compliance with Cape &Islands Engineering <br /> plan entitled"House Reconstruction,Proposed Sewage Disposal System,Prepared for <br /> Calico Real Estate L.P., Hse.No. 81 Nick Trail, Mashpee—Mass.,Plan No. S 103000, <br /> Date: Oct. 30, 2000,Rev.: 11/14/00, 11/22/00, 11/27/00, 01/08/01". ' <br /> �rv.Y <br />
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