12/12/2001 ZONING BOARD OF APPEALS Decisions

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� L a Mashpee Zoning Carol A. Taylor SP-01-132 2 Board of Appeals j SPECIAL PERMIT CRITERIA § 174-20— "Rebuilding of destroyed or damaged non-conforming structure. j Any non-conforming 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". GENERAL FINDINGS 1. that the subject property is located at 112 Waterway and consists of 15,370 square feet of land. SPECIFIC FINDINGS Per § 174-24 of the Zoning By-laws, the Board determined that the proposed use or development: 1. will not adversely affect public health or safety. 2. will not cause excessive demand on community facilities. 3. will not significantly decrease surface or groundwater quality or air quality. 4. will not have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, fisheries,public lands or neighboring properties. 5. will not cause excessive levels of noise, vibrations, electrical disturbance, radioactivity or glare. 6. will not destroy or disrupt any species listed as rare, endangered or threatened by the Massachusetts Natural Heritage Program or any known historic or archaeologic site. 7. will not produce amounts of trash, refuse or debris in excess of the town's landfill and waste disposal capacities. 8. will properly dispose of stumps, construction debris, hazardous materials and other waste. 9. will provide adequate off-street parking. 10. will not cause excessive erosion or cause increased runoff onto neighboring properties or into any natural river, stream, pond or water body and will not otherwise be detrimental to the town or the area. 11. will be an improvement with installation of a new Title V septic system. 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 December 12, 2001 to grant a Special Permit. The Special Permit is conditioned upon compliance with the following: 1. plans of Cape & Islands Engineering entitled `Single Family Residence, Proposed Sewage Disposal System, Prepared for Carol Taylor, Hse. No. 112 [Lot 64] Waterway, Mashpee, Mass., Plan No. 080201, Date: Aug. 2, 2001, Rev'd. 8/20/01, 8/24/01, 11/08/01'. 2. that the Petitioner shall submit proof to the Zoning Board of Appeals that all pending litigation against the subject property has been resolved. I�