02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Frederick J. Naddaff, Jr. and Linda Naddaff 29 Overlook Knoll Road (Map 118 Parcel 33) Mashpee, MA 02649 SP-2019-13 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, February 27, 2019, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Linda and Frederick J.Naddaff of 29 Overlook Knoll Road under §174- 17.1 of the Zoning Bylaws to raze and replace a non-conforming single family structure on property located in an R-3 Zoning District, and the Popponesset Overlay District,Map 118 Parcel 33, Mashpee, MA with the following conditions; I. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Plot Plan: Title: Plan of Land to Accompany a Zoning Board of Appeals Application, #29 Overlook Knoll Road, Mashpee, MA. Existing Conditions, Prepared for: Fred & Linda Naddaff, Prepared by: BSC Group, Scale: I" = 20, Date: 01-23-2019, Dwg No.: 6374-02, Job No.: 5-0019.01 Sheet 1 of 5, Proposed Conditions: New Dwelling, Sheet 2 of 5, Sheet 3 of 5: Dimensional Setbacks and Floor Elevations, Sheet 4 of 5: Proposed Conditions Southerly Side, Sheet 5 of 5: Proposed Conditions Northerly Side. 3. Floor Plans: Prepared by: Denise D'Ambrosi Bonoli,Naddaff House,29 Overlook Knoll Road,Mashpee,MA. Al: First Floor Plan, Scale: 1/4"= 1',A2: Second Floor Plan, A3: Attic Floor Plan, A4: Basement Plan, A5: Water Side Elevation, A6: Overlook Knoll Elevation, A7: Driveway Side Elevation, A8: Seaview Ave Elevation. 4. Conditioned upon the pending approval regarding the appeal with DEP. (Conservation will require two stamped copies of the plan). 5