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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, Thomas F. Brennan and Patricia A. Brennan <br /> 126 Summersea Road (Map 105 Parcel 54) <br /> Mashpee, MA 02649 <br /> SP-2021-37 <br /> SPECIAL PERMIT CRITERIA <br /> ARTICLE V -Nonconforming Buildings and Uses <br /> §174-17.1 Raze and Replace History: Added 10-15-2018 ATM, Article 16, approved by <br /> Attorney General 1-9-2019. <br /> No pre-existing, non-conforming single or two (2) family dwelling structures shall be torn <br /> down and rebuilt on any lot unless there is an issuance of a Special Permit fiom the Zoning <br /> Board of Appeals. Such a Special Permit may be granted only if the Zoning Board of <br /> Appeals finds that any changes,extensions,alterations or reconstruction of the pre-existing <br /> non-conformities are not substantially more detrimental than exists prior to removal of the <br /> existing structure and that there is adequate land area to provide sufficient parking. In no <br /> case shall new non-conformities be permitted without the issuance of a Variance. <br /> SPECIAL PERMIT FINDINGS <br /> 1. The proposal will not be substantially more detrimental than the existing non- <br /> conforming structure or use to the neighborhood. <br /> 2. The proposal will be an improvement to the lot and is similar in size and character <br /> to other existing structures in the neighborhood. <br /> 3. Construction of the dwelling is contingent upon Board of Health final approval. <br /> 4. Construction of the dwelling will conform to current building code requirements. <br /> 5. There is adequate land area to provide sufficient parking and setbacks as may be <br /> required. <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a Special <br /> Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, June <br /> 9, 2021, the Zoning Board of Appeals voted unanimously to issue a Special Permit to <br /> Owners, Thomas F. Brennan and Patricia A. Brennan requesting a Special Permit under <br /> §174-17.1 of the Zoning Bylaws to allow for a raze and replace of a non-conforming three <br /> bedroom single family residential structure with a new code compliant three bedroom <br /> residence, on property located in an R-3 Zoning District, Map 105 Parcel 54, Mashpee, <br /> MA, with the following conditions; <br /> 3 <br />