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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Kim Sieurin <br /> 424 Monomoscoy Road (Map 124 Parcel 49) <br /> Mashpee, MA 02649 <br /> SP-2020-26 <br /> Scott wanted to know if the second story cantilevered deck, and the first floor deck were <br /> included in the lot coverage. Raul said yes, both are included in the lot coverage. The <br /> cantilevered deck overlaps the first floor deck. <br /> Chairman Furbush wanted to know if the pool was included in the lot coverage. Raul said <br /> yes. <br /> Mr. Bonvie asked how close the closest structure was to the wetlands.Mr. Kirrane said that <br /> the existing shed is closest the wetlands, but that is being eliminated. He said that the <br /> distance is approximately 41 ft. to the wetlands which is the second story overhang. The <br /> closest is 46 ft. on the first floor. The distance request is 3 ft. <br /> Charlie said that he doesn't believe that this project requires Section 174-33 because it's <br /> less non-conforming. Attorney Kirrane thought that the patio was included and would <br /> require the Variance. The Variance was initially for the pool. <br /> Sharon read the Board of Health comments dated September 9, 2020 into the record, and <br /> the Conservation comments into the record. <br /> GENERAL CRITERIA: <br /> The subject property located at 424 Monomoscoy Road is approximately 12,285 square <br /> feet(upland). <br /> There were no abutter phone calls. <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, approved by <br /> Attorney General 1-9-2019. <br /> No pre-existing,non-conforming single or two (2) family dwelling structures shall be torn <br /> down and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning <br /> Board of Appeals. Such a Special Permit may be granted only if the Zoning Board of <br /> Appeals finds that any changes,extensions,alterations or reconstruction of the pre-existing <br /> non-conformities are not substantially more detrimental than exists prior to removal of the <br /> existing structure and that there is adequate land area to provide sufficient parking. In no <br /> case shall new non-conformities be permitted without the issuance of a Variance. <br /> 2 <br />