06/24/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT James R. Sprezel 14 Bowsprit Point(Map 105 Parcel 224) Mashpee, MA 02649 SP-2020-15 SPECIFIC FINDING CRITERIA: The Board determined the following; • The proposal will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. • The proposal will be an improvement to the lot and is similar in size and character to other existing structures in the neighborhood. • There is adequate land area to provide sufficient parking and setbacks as may be required. 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, June 24, 2020, the Zoning Board of Appeals voted unanimously to issue a Special Permit to James R. Sperzel of 14 Bowsprit Point under §174-17.1 of the Zoning Bylaws to raze and replace an existing four (4) bedroom residential structure and swimming pool on property located in an R-3 Zoning District, 14 Bowsprit Point, Map 105 Parcel 224, 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 Plan: Existing Conditions: Prepared for James R. Sperzel, 14 Bowsprit Point, Mashpee, MA, Prepared by: BSS Design Engineering & Surveying, Scale: 1" = 20', Date: April 20, 2020, Drawn by: EJP, Checked by: TB, Job Number: 18168, Revisions: Added 50' buffer from coastal bank, May 12, 2020, TJB. Title: Existing Conditions and Demolition, Sheet 1 of 2, drawing number: B26-74. 3