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MASHPEE ZONING BOARD OF APPEALS <br />DECISION FOR A SPECIAL PERMIT <br />Owners, Mark R. Galante and Robin L. Galante <br />164 Captains Row (Map 96 Parcel 28) <br />Mashpee, MA 02649 <br />SP-2021-61 <br />The new structure will be situated 17 ft. from the Northerly side, and 53 ft. from the <br />wetlands. The proposal was before the Conservation. Commission but was continued to <br />their next meeting in November. <br />The Board had a discussion regarding the new dwelling setback from the wetlands, and the <br />6 ft. opening requirements on the first floor. <br />Mr. Morris questioned the retaining walls that are located beyond the 50 ft. setback to the <br />wetlands. He is fine if the walls are within the 4 ft. requirements. <br />Mr. Goldstein commented that as one member he does not see a problem with the retaining <br />walls because of the slope. <br />GENERAL CRITERIA <br />The subject property located at 164 Captains Row is approximately 15,520 square feet. <br />The Board read the Conservation Department and Board of Health comment into the <br />record. There were no other comments from the Board. <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 />SPECIAL PERMIT FINDINGS <br />There was one abutter letter read into the record who had concerns regarding the location <br />of the generator. Attorney Kirrane said that he recommended to his client to perhaps install <br />a fence around the units or some kind of arborvitae. Mr. Goldstein mentioned that because <br />of the flood zone, the units need to be above elevation 12, but this is not a zoning issue. <br />2 <br />