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N <br /> Town of Mashpee <br /> BOARD OF APPEALS 16 great Aeck load J�orth <br /> y' <br /> Mashpee, Massachusetts 02649 <br /> Decision for a Special Permit <br /> RE: C. Michael & Sonia M. Hayward SP-01-124 187 Daniel's Island Road <br /> Map 100 Parcel 37 <br /> A Petition was filed on October 25, 2001 by C. Michael and Sonia M. Hayward <br /> of Harvard, Massachusetts for a Special Permit under Section 174-20 of the Zoning <br /> By-laws for permission to demolish an existing dwelling to allow for construction of a <br /> single-family home on property located in an R-3 zoning district at 187 Daniel's Island <br /> Road (Map 100 Parcel 37) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br /> a newspaper of general circulation in the Town of Mashpee, on November 23 and <br /> November 30, 2001, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, December 12, 2001, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert G. Nelson, Frederick R. <br /> Borgeson and Marshall A. Brem. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Mr. David Sanicki of Cape & Islands Engineering represented the Petitioner and <br /> submitted photos of the subject property. Plans call for demolition of the existing <br /> structure and construction of a new home on the subject property. The Board has granted <br /> a Variance from the setback requirements to water and wetlands and a Variance from the <br /> front setback requirements to allow for the proposal. The Conservation Commission has <br /> approved the proposal, pending submission of revised plans. The Board of Health has <br /> approved installation of a new denitrification septic system on the subject property. <br /> No comments were received from abutters. <br /> SPECIAL PERMIT CRITERIA- § 174-20: <br /> "Rebuilding of destroyed or damaged nonconforming structure. <br /> Any nonconforming building or structure destroyed or damaged by fire, flood lightning, <br /> wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to <br /> the same conditions as set forth in § 174-24 of this chapter". <br /> Nr <br />