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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> 36 Summersea Road LLC <br /> 36 Summersea Road (Map 105 Parcel 26) <br /> Mashpee, MA 02649 <br /> SP-2021-51 <br /> Public Hearings were held on Wednesday, October 13, 2021 at which time the following <br /> members of the Board of Appeals were present and acting throughout; Acting Chairman, <br /> Ron Bonvie, Board Members Scott Goldstein, Norman J. Gould, Associate Members, <br /> Sharon Sangeleer and Charles Reidy. <br /> Mr. Anastos requested a withdrawal for the raze and replace under §174-17.1. He said that <br /> the property has been approved for three bedrooms. The dwelling is considered condemned <br /> until the tear down and the septic are in compliance. He provided the Board with a revised <br /> site plan of the proposed dwelling. He has submitted his plans to the ARC (Architectural <br /> Review Committee in New Seabury). Mr. Anastos informed the Board that the ARC <br /> requested that the house be moved 2 ft. from the sideline. <br /> The Board read the revised comments into the record submitted by the Board of Health and <br /> Conservation. The Board understood that all Department concerns will be considered <br /> during the building permitting process, and certain conditions will be included in their <br /> decision. <br /> GENERAL CRITERIA: <br /> The subject property located at 36 Summersea Road is approximately 16,795 square feet. <br /> There were no abutters present. <br /> SPECIAL PERMIT CRITERIA: <br /> §174-33 — Setback from water and wetlands: Any building or structure, exclusive of <br /> fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least <br /> (50') feet from any water or wetland as defined by MGL C. 131, §40. <br /> SPECIAL PERMIT FINDINGS: <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 /> October 13,2021 the Zoning Board of Appeals voted unanimously to issue a Special Permit <br /> to Petitioner, Joseph Anastos under §174-33 (Setbacks from water and wetlands), to raze <br /> and replace a pre-existing non-conforming single family structure on property located in <br /> an R-3 Zoning District,and under the ARC(New Seabury Special Permit),Map 105 Parcel <br /> 26,Mashpee, MA. (Owner of record: 36 Summersea LLC), 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 <br />