03/13/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Paul F. Torrey and Patricia A. Torney 23 Treasure Lane (Map 96 Parcel 101) Mashpee, MA 02649 SP-2019-15 Chairman Furbush mentioned that because the lot is 10,000 sq. ft., the allowed lot coverage is 25%. Sharon read the Board of Health comments dated March 11, 2019 into the record. Jonathan read the Conservation Comments into the record. Scott read the Inspection Department comments dated March 6, 2019 into the record. GENERAL CRITERIA: The subject property located at 23 Treasure Lane is approximately 10,000 square feet. There were no abutters present. SPECIAL PERMIT CRITERIA: ARTICLE V-Nonconforming Buildings and Uses §174-17.1 Raze and Replace History: Added 10-15-2018 ATM,Article 16, approved by Attorney General 1-9-2019. No pre-existing, non-conforming single or two (2) family dwelling structures shall be torn down and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning Board of Appeals. Such a Special Permit may be granted only if the Zoning Board of Appeals finds that any changes, extensions, alterations or reconstruction of the pre- existing non-conformities are not substantially more detrimental than exists prior to removal of the existing structure and that there is adequate land area to provide sufficient parking. In no case shall new non-conformities be permitted without the issuance of a Variance. In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, March 13, 2019, the Zoning Board of Appeals voted unanimously to issue Owners, Paul F. and Patricia Torney a Special Permit under §174-17.1 of the Zoning Bylaws to raze and, replace a pre-existing non-conforming single family structure on property located in an R-3 Zoning District, Map 96 Parcel 101, Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2