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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Kevin M. David, Trustee <br /> 137 Shields Road (2 Santuit Lane) <br /> (Map 30 Parcel 22 &23) <br /> Mashpee, MA 02649 <br /> SP-2019-42 <br /> Attorney Kirrane addressed the Board stating that the bylaw states one cannot <br /> create a new non-conformity, which would require variance relief. The non-conforming <br /> condition is the front yard setback. One can alter or extend that non-conformity but one <br /> cannot create a new non-conformity. If the applicant had a conforming setback of 40 ft., <br /> and he wanted to change to 30 ft., he is creating a variance situation which is a new non- <br /> conformity. But altering or extending an existing non-conformity does not require a <br /> variance, it merely requires a special permit from the Board, and a finding that it is not <br /> substantially more detrimental. In this particular case, the setback is 37 ft., and moving to <br /> 30 ft., but the requirement is 40 ft. At 37 ft., it is already a non-conforming front yard <br /> setback condition. He is increasing or altering that non-conformity,but not creating a new <br /> non-conformity at 37 ft. <br /> The Board reviewed the site plan and determined that the average setback with the <br /> abutting neighbors is 40 ft. <br /> Jonathan asked Evan Lehrer, Town Planner if he could comment on the §174-17.1; <br /> if someone can extend a non-conformity on a raze and replace. Evan said he agrees that the <br /> bylaw is specific, and he also agrees with the Attorney Kirrane and the applicant's <br /> discussion with the Board. <br /> Charlie said the applicant could have applied for a building permit for this issue <br /> only, he would site §174-31 fn. 6, because the average is 30 ft. and conforming to the <br /> adjacent lots. <br /> Bill Blaisdell said in his opinion either way interpreting the "average setbacks" or <br /> the way the bylaw is written and approved; he agrees with the applicant. <br /> GENERAL CRITERIA: <br /> The subject property located at 2 Santuit Lane is approximately 16,903 square feet. <br /> The Board of Health comments and abutter letters were read into the record. <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, <br /> approved by Attorney General 1-9-2019. <br /> 2 <br />