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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Richard Tempesta and Linda Tempesta <br /> 107 Ninigret Avenue (Map 72 Parcel 61) <br /> Mashpee, MA 02649 <br /> SP-2020-41 <br /> Chairman Furbush agreed that there is a hardship involved because the dwelling is on a <br /> corner lot, and the front would require 30 ft. Jonathan also explained that the side yard <br /> setback requirements are 15 ft., and there are no issues because the 18 ft. is well within the <br /> requirements. He only had a question regarding the driveway. <br /> The Board agreed that a Variance request was not required and accepted the withdrawal of <br /> the Variance request. <br /> Sharon read the comments from Catherine Laurent,dated October 16,2020 into the record. <br /> A driveway is required. The homeowners will have to decide if they want to keep the <br /> driveway off Nohono Road, but they will need to change their address. <br /> Charlie said that a discussion will be required with Clay Nicholson, GIS Coordinator who <br /> was given Catherine Laurent's comments. <br /> Sharon read the Board of Health comments dated November 17, 2020 into the record, and <br /> the Conservation comments. <br /> GENERAL CRITERIA: <br /> The subject property located at 107 Ninigret Avenue is approximately 9,375 square feet. <br /> The Board read a list of abutter names into the record that were in favor of the project. <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 />