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08/25/2021 ZONING BOARD OF APPEALS Minutes
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08/25/2021 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
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08/25/2021
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owner, Jeanne Scioli <br /> 5 Clamshell Lane (Map 119 Parcel 66) <br /> Mashpee, MA 02649 <br /> SP-2021-50 <br /> SPECIAL PERMIT FINDINGS <br /> The Board read a letter submitted by Cape&Islands Engineering dated September 9,2021, <br /> and revised September 16, 2021 to Dave Morris, Building Commissioner. The letter <br /> confirmed the corrected height and measurements of the proposed building and was signed <br /> by Raul Lizardi-Rivera, P.E. <br /> The Board read the Board of Health comments into the record dated September 22, 2021. <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 /> In view of the foregoing, the Board determined the Petitioner met the criteria for a Special <br /> Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, <br /> September 22, 2021, the Zoning Board of Appeals voted unanimously to issue a Special <br /> Permit to Owner, Jeanne Scioli under §174-17.1 of the Zoning Bylaws to raze and replace <br /> a pre-existing non-conforming single family structure on property located in an R-3 Zoning <br /> District, Map 119 Parcel 66, Mashpee, MA, with the following conditions; <br /> 1. The Board has determined that the applicant meets all the conditions of a Special <br /> Permit under Mass General Law 40A Section 9. <br /> 2. Site & Septic Design Plan — Prepared for Jeanne Scioli, 5 Clamshell Lane, <br /> Mashpee, MA. Project: 5 Clamshell Lane, Mashpee, MA, Sheet 1 of 1, Date: June <br /> 1, 2021, Drawn by: JVB/RLR, Checked by: MC, Prepared by: Cape & Islands <br /> Engineering. 6/23/21: Revise Front Yard Evergreen to Red Eastern Cedars, 8/3/21: <br /> Revise House Footprint, 9/16/21: Revise House Footprint, Finish Floor & Lot <br /> Coverage. <br /> 3 <br />
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