11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioners, Jamie and Paul Saganey (Owner of Record: Daniel J. Saganey, Trustee of the Poppy Realty Trust) 28 JeepPlace (Map 118 Parcel 108) Mashpee, MA 02649 SP-2019-53 The Board mentioned that the water runoff issues might be coming from the abutting properties and flowing onto this property. The Board was more concerned with lot coverage and asked Charlie to review. Chairman Furbush referred to § 174-31 fn. 16 and read it aloud. Charlie said he would refer to the Conservation Commission to define water or wetlands based upon MGL Chapter 131 Section 40. Attorney Kirrane said in his experience never deducted the coastal bank from lot area. The entire area of Popponesset is in a floodplain, so essentially there is zero lot area if you deduct floodplains from that calculation. The proposed house does not need a variance because it's a non -conforming condition. Section 174-17 references the alteration or change of a pre-existing non -conforming condition and does reference Section 174-24 C, but Section 174-17.1 does not. If the Conservation Commission had serious concerns about development of this lot creating flood conditions in the neighborhood, they would have addressed that at their meeting. The Board read the Board of Health and Conservation Department comments into the record. There were no more comments from the audience. 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. 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, November 13, 2019, the Zoning Board of Appeals voted unanimously to issue a Special Permit for 28 Jeep Place with the following conditions; 0