02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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20.. Defendants applied to the Mashpee ZBA to raze and replace the cottage in 2017 with the nearly the same identical plans presented again in 2019,which are the subject of this Special Permit.: 21. Following Defendants' two Petitions to the Mashpee ZBA and numerous public hearings in the fall of 2017 and winter of 2018,the Mashpee ZBA,after consultation with the Building' Inspector and others,informed the Defendants at.a public hearing in January 2018.that the plan to"raze and reconstruct the single family cottage with a substantially enlarged new dwelling that creates new non-conformities would require dimensionalVariances from the Mashpee ZBA.The same Defendants withdrew their Special Permit/Written Finding application in January of 2018: 22. In the fall of 2018, Mashpee Town Meeting passed a zoning article that inserted a new zoning provision, §174-17.1 (Raze.and Replace),that would allow owners to tear down and rebuild a pre-existing nonconforming single or two (2)family dwellin but only if a Special Permit was issued by the Mashpee ZBA: "No pre-existing, nonconforming single or two (2) family dwellin 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 nonconformities are not substantially more detrimental than exists prior to the removal of the existing structure and that there is adequate land area to provide sufficient parking. In no case shall new nonconformities be permitted without the issuance.of a Variance." [I] 23. On or about January 25,2019,the Defendants returned to the Mashpee ZBA and submitted a one page Petition under §174-17.1 Raze and Replaee, accompanied by several sheets of plans stating that the"raze and rebuild"Special Permit Application for the Lot created no new non-conformities" 6