08/14/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Stephen A. Kelley and Seana M. Pitt 30 Uncle Edwards Road (Map 111 Parcel 179-0) Mashpee, MA 02649 SP-2019-43 Attorney Kirrane concluded that the Board will find that the proposed structure will not be substantially more detrimental to the neighborhood than the existing structure. The new structure will conform to present day building code requirements, and involves an updated Title 5 Septic System, and will have a positive effect on neighboring properties. The Board will be well within its discretionary authority to grant a Special Permit and make the finding that the proposed alteration or change will not result in any condition that is substantially more detrimental to the neighborhood than what currently exists. Ron asked if the garage will be off of Alma Road. Attorney Kirrane said that is correct. The Board reviewed the site plan and wanted to know if the "X" symbol represented trees; there was no indication on the legend. Jonathan reviewed the lot coverage requirements, and there is no increase in any non-conformities. The Board of Health comments were into the record, and the revised comments from requesting a 6 ft. opening on the second floor. There were no comments from the Conservation Department or the Building Inspector. GENERAL CRITERIA: The subject property located at 30 Uncle Edwards Road is approximately 7,499 square feet. There was one abutter present. 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