11/10/2021 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Steven J. Szymanski and Tricia I. Szymanski 118 Wading Place Road (Map I I I Parcel 110) Mashpee, MA 02649 SP-2021-63 The existing lot coverage is 28.36%. The new structure improves the front yard setback from 29.1 ft. to 29.5 ft., improves the southwesterly side setback from 9.7 ft. to 10.5 ft., and improves the other side setback from 7.9 ft. to 10.2 ft. The proposed structure is essentially in the same location as the existing structure. Although a new septic system is proposed as part of the development. The swimming pool will remain, as well as the dock and float complex. The current dwelling is a single story structure with a walk -out basement that was built approximately 50 years ago. The new structure slightly improves those non -conforming setbacks and also slightly reduces the overall lot coverage from 28.36% to 27.16%, and by improving those setbacks, and installing a new Title 5 septic system and constructing a building which will conform to present day building code criteria will be an improvement to the site conditions rather than creating a situation that is substantially more detrimental than what currently exists. The new plan also has a garage, and sufficient parking. The Board read the Conservation Department and Board of Health comments into the record. There were no more comments from the Board. GENERAL CRITERIA The subject property located at 118 Wading Place Road is approximately 15,400 square feet. There were no abutters present. 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. PJ