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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Petitioner, Rolland Zeleny <br /> (Owner of Record: Dorothy G. Studley) <br /> 50 Bayview Road (Map 119 Parcel 50) <br /> Mashpee, MA 02649 <br /> SP-2020-52 <br /> The applicant seeks to remove those structures and construct a new two story four (4) <br /> bedroom home with an attached garage and proposes to install a Title 5 septic system as <br /> part of the redevelopment plan. The new structure will meet all current setback criteria and <br /> eliminate the non-conforming setback criteria to the wetlands, and to the street and the <br /> front yard as the structures proposed to be located 40 plus feet from Bayview Road, and <br /> more than 80 ft. from the saltmarsh. <br /> GENERAL CRITERIA: <br /> The subject property located at 50 Bayview Road is approximately 17,289 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 /> SPECIAL PERMIT FINDINGS: <br /> The Board determined the following; <br /> • The non-conforming front setback and the setback from the wetlands are being <br /> eliminated. <br /> • The project was approved by the Conservation Commission. <br /> • The new structure will conform to present day building codes. <br /> • A new Title 5 System is being installed. <br /> • The proposed garage will satisfy parking requirements. <br /> • No Variance is required. <br /> 2 <br />