01/27/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Sean B. Burke and Katherine M. Burke, Trustees 23 Monomoscoy Road West (Map 114 Parcel 8) Mashpee, MA 02649 SP-2021-12 The application is a request for a Special Permit to construct an accessory use that is on a lot that cannot be developed for single-family use, and is specifically allowed under §174- 24 (C). There is also a request for Variance relief because of its location for the purpose of crossing into the wetland area in order to access the bottom anchored float. Also, this particular lot is a corner lot that fronts on Monomoscoy West, and also on Child's Road which is a paper road which has never been constructed. The platform is situated within 22 ft. of Child's Road, and requires Variance relief, as well as the rear yard because it does cross the mean high water which will serve as the rear yard lot line for the property. The Variance request is 22 ft. from the front yard requirement of 40 ft. from Child's Road, and a 5 ft. Variance from the rear lot line setback of the mean high water mark of the pond. Chairman Furbush agreed that he had a conversation with the Town Planner, and agreed that the Board has the right to issue a Variance. He has no issues and being a corner lot, there can be some request for relief. The Board read the Conservation Comments dated March 4,2021 into the record. "Conom requires notification of a l0A float licensed issued by the Harbormaster". GENERAL CRITERIA: The subject property located at 23 Monomoscoy Road is approximately 9,900 square feet (upland). There were no abutters present. 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-confoiming 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