01/27/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Gerard M. Flaherty and Linda S. Flaherty 10 Rock Island Road (Map 123, Parcel 23) Mashpee, MA SP-2021-10 The owners are planning to replace this 70-plus year old building with a two-story, two- bedroom dwelling. Although the new structure does not eliminate all the non-conformities, they are being improved or eliminated in the re-development proposal. The front yard setback from Rock Island is being increased from 4 ft. to 16.3 ft. That 15.3 ft. is a conforming condition because it is the average of the two buildings that currently exist on either side of this particular dwelling. Such taking that non-conforming condition and making it conforming. The setback from Huckleberry Lane will increase from 4.6 ft. to 10 ft., and by moving the structure, the side yard setback has increased to 11 ft. from the 10.9 ft.on the other side of the lot.The lot coverage will reduce slightly from 25.45%to 25.43%. The redevelopment plan also calls for a new Title 5 System. Mr. Bonvie asked if the current setback from house lot 12 is 24.1 ft. The deck shown on the site plan depicts 10.9 ft. and looks like a staircase. He wanted to confirm if the 17.7 ft. is the setback to the deck, and if the new plan is showing an increase of 11 ft. The Board of Health comments were read into the record. The septic design has not been submitted for review or approval. The Conservation Department comments were read into the record and is not in wetlands jurisdiction. GENERAL CRITERIA: The subject property located at 10 Rock Island Road is approximately 6,000 square feet. There were no abutter comments submitted. 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