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

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Chris Childs, Patriot Builders Owner of Record: Christopher M. DeSantis and Laurie A. Stucchi 14 Pine Avenue (Map 123 Parcel 40) Mashpee, MA 02649 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. SPECIAL PERMIT FINDINGS In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, November 10, 2021 the Zoning Board of Appeals voted unanimously to issue a Special Permit to'Petitioner, Chris Childs, Patriot Builders under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing non -conforming residential structure, (existing foundation to remain) on property located in an R-3 Zoning District, at 14 Pine Avenue, Map 123 Parcel 40, Mashpee, MA. (Owner of record: Christopher M. DeSantis and Laurie A. Stucchi) with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site and Septic Design Plan: Prepared for: Christopher M. Desantis, 14 Pine Ave., Mashpee, MA. Prepared by: Cape & Islands Engineering. Sheet No.: 1 of 1, Date: September 21, 2021, Rev Date: 10/26/21: Removed Basement Access Stairs, Drawn by: MPR/RLR, Checked by: MC, Stamped by: Matthew C. Costa No.: 52282, and Raul Lizardi-Rivera, Civil Engineer. No. 46845. 3. Conditioned on all Town Department comments read into the record. 4. Conditioned that no first floor space cantilever over the foundation. 5. Conditioned that the office cased opening needs to be a minimum 6 ft. wide. 6. Conditioned that the plans submitted to the Building Department cannot exceed the top of the ridge height 35 ft. requirement of the average grade. 7. Conditioned that any changes to the plans will require the applicant to return to the Zoning Board of Appeals. 3