04/10/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Steven F. McDonald and Donna M. McDonald 126 Wading Place Road (Map 111 Parcel 111) Mashpee, MA 02649 SP-2019-22 The new structure will be a two story structure. The lot slopes significantly from Wading Place to Spoondrift Cove. There will be living space downstairs with a walk-out area. The proposed two story structure is not unlike any of the other structures that have been developed in the New Seabury and Popponesset area over the last several years. It also incorporates a garage. The proposed structure will continue with those existing non- conformities although reducing those non-conformities slightly instead of being 29.7 ft. from the front, it will be 30.6 ft. from the front, instead of 11.9 ft. on the side line it will be 13.2 ft., and instead of 34 ft. from the wetland area, and it will be 36 ft. from the wetlands. So all the non-conformities have improved but were not eliminated. There is an area of the lot that is maintained at 30% because it is within a flood zone. The existing structure is serviced by a cesspool, and the new structure will be serviced by a new Title 5 septic system. This is a significant upgrade of site conditions as they currently exist today. In the revised section of the bylaw,the Board is required to make essentially two findings, is that the proposed reconstruction will not be substantially more detrimental to the neighborhood than what currently exists, and that there is adequate parking onsite to address the parking needs. There are currently two parking spaces on the lot, and with the new proposed two car garage,there will be additional parking maintaining the circular driveway that exists with the proposed construction. The Board confirmed that there are no new non-conformities being created, and it is not within the New Seabury Special Permit. Mr. Gould read the DPW and the Inspection Department comments into the record. Sharon read the Board of Health comments into the record. Mr. Blaisdell read the Conservation comments into the record. 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. 2