01/27/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Michael M. Oleksak Mary Adams Oleksak 18 Capstan Circle (Map 111 Parcel 102) Mashpee, MA 02649 SP-2021-08 Chairman Furbush reviewed the zoning table on the site plan and had no issues.Mr.Bonvie asked what the red dotted line represented on the site plan.David with Coastal Engineering said that it is 50 ft. buffer from the top of the coastal bank. The distance from the back left corner of the site is 63 ft. Chairman Furbush polled the members. There were no other comments. The Conservation Department and Board of Health comments were read into the record. GENERAL CRITERIA: The subject property located at 18 Capstan Circle is approximately 11,629 square feet. The abutter letters were read into the record and support the owners with their proposed new dwelling plans. 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. SPECIAL PERMIT FINDINGS: The Board determined the following: 1. Construction of the dwelling is contingent upon Board of Health final approval. 2. Construction of the dwelling will conform to current building code requirements. 3. There is adequate land area to provide sufficient parking and setbacks as may be required. 2