09/23/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Elena Bean, Trustee of the Kim Path Realty Trust 15 Kim Path(Map 117 Parcel 267) Mashpee, MA 02649 SP-2020-37 There are a number of factors that the Board can consider to grant the Special Permit relief such as the non-conforming front yard setback. The side yard setback is improving from 12.1 ft.,and moving the building to 13.7 ft.The front yard setback that is 25 ft.will improve to 30.9 ft. which eliminates that non-conformity. The shed will be removed. A new Title 5 Septic System will be installed, and the new construction will have to conform to present day building and flood code criteria. The number of bedrooms is not increasing, and the project was approved by Conservation. GENERAL CRITERIA: The Board read the comments into the record submitted by the Board of Health Agent, and the Conservation Department. The subject property located at 15 Kim Path is approximately 13,200 square feet. There were no abutter inquiries. SPECIAL PERMIT FINDINGS: • The proposed deck will be 3 ft. closer, but is 51 ft. from the wetlands. • The proposed house plans show a 30 ft. height elevation. 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