03/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT John K. L. Thorndike and Kathryn C. P. Thorndike 7 Chart Way(Map 106 Parcel 18) Mashpee, MA 02649 SP-2021-25 In an effort to bring the building up to current day standards, the applicants are seeking to replace the 50 year old structure with a structure that will conform to current day building code requirements. The improvements of the site conditions would be increasing the front yard setback from 22.5 ft. to 22.7 ft., eliminating the non-conforming side yard setback, and improving the wetland setback from 18.3 ft. to 24 ft. In addition, a Title 5 Septic System is proposed as part of the project, as well as a two-car garage to address any concerns relative to parking. There is no variance relief required because the project will maintain the same lot coverage at 21.08%, and the redevelopment has been approved by the Conservation Commission. The new construction will require the first floor elevations to meet current FEMA standards and building code criteria. The Board confirmed with Tom Bunker of BSS Design that dry wells will be installed, and that Conservation requires them. The Board of Health comments dated March 10, 2021 were read into the record. The Conservation Department comments dated March 4, 2021 were read into the record. GENERAL CRITERIA: The subject property located at 7 Chart Way is approximately 11,500 square feet. There were no abutters present. SPECIAL PERMIT CRITIERA: 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