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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> John Weigel, IV and Linda S. Smith, Trustees of <br /> The John G. Weigel, IV 2015 Revocable Trust <br /> 33 Sturgis Lane (Map 20 Parcel 28) <br /> Mashpee, MA 02649 <br /> SP-2020-51 <br /> The proposal is to construct a new two story three bedroom home with a footprint of <br /> approximately 1,948 sq. ft. The new structure will not meet the 50 ft. setback criteria from <br /> the wetlands,but improves the non-conformity of 22 ft.which increases it to approximately <br /> 34 ft. The new structure will comply with current zoning requirements. There are no new <br /> non-conformities created.The only non-conforming condition is relates to the setback from <br /> the wetlands which is improving. The project was approved by the Conservation <br /> Commission, and includes some extensive storm water management and mitigation <br /> plantings. A garage is part of the re-development plan, and is setback enough from Sturgis <br /> Lane, so there is more than adequate parking. No Variance is required for this project. <br /> The Board of Health, Conservation and the DPW comments were read into the record. <br /> GENERAL CRITERIA: <br /> The subject property located at 33 Sturgis Lane is approximately 44,057 square feet. <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 />