08/14/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Kevin M. David, Trustee 137 Shields Road(2 Santuit Lane) (Map 30 Parcel 22 &23) Mashpee, MA 02649 SP-2019-42 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, August 14, 2019, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Kevin M. David, Trustee of the David Family Realty Trust of 2 Santuit Lane under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing non- conforming single family structure on property located in an R-5 Zoning District, Map 30 Parcels 22 & 23, Mashpee, MA, with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site and Septic Design Plan: Project: 2 Santuit Lane, Mashpee, MA, Sheet No.: 1 of 1, Date: March 28, 2018, Drawing File Name: SANTUIT 2_DAVID_SITE, Drawing by: JVB, RLR, Checked by: MC, Prepared by: Cape & Islands Engineering. Rev. #1, Date: 5/29/18 —Updated location of ext. septic, #2: 1/15/19 — Revise Project Address, #3: 6/26/19, Revise House Footprint. Signed by: Matthew C. Costa, Professional Land Surveyor,# 52282, and Raul Lizardi-Rivera, Registered Professional Engineer, #46845. 3. Conditioned on all Town Department comments read into the record. 4. Conditioned on all abutter comments read into the record. 5. Conditioned that prior to an application of a building permit,the applicant must satisfy all Board of Health comments read into the record. 6. Conditioned that the applicant provide proof to the Building Official in the Building Department that the merger of the two lots is in the applicant's sole name prior to applying for a building permit. 3