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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, Jody Simes and Alexandra Simes <br /> 30 Sand Dollar Lane (Map 105 Parcel 84) <br /> Mashpee, MA 02649 <br /> SP-2022-02 <br /> Ms. Sangeleer read the Board of Health and Conservation Department comments into the <br /> record. <br /> Mr. Furbush explained that 30 Sand Dollar Lane is not within the New Seabury Special <br /> Permit area. The Zoning Board is responsible to enforce the bylaws for any building on <br /> properties. Properties under the New Seabury Special Permit do not involve the Zoning <br /> Board of Appeals. <br /> Attorney Kirrane said that anything under the New Seabury Special Permit freezes the <br /> zoning at the time it was approved which was back in 1970. The bylaws that were adopted <br /> and established dimensional requirements since then would not apply to a project that was <br /> within the Special Permit area. That Special Permit specifically set forth the setback <br /> criteria's. Water view is not a proper consideration under the Zoning Bylaws. The ARC <br /> (Architectural Review Committee) has private restrictions and do not have anything to do <br /> with issues relative to Zoning. The plan that was presented pursuant to the comments that <br /> were made the first time reduces that setback of the second floor by almost 50% and he <br /> cannot tell specifically where the view corridor is that they are not really entitled to under <br /> zoning. But the reduction in the width of that story would have less of an impact on any <br /> view concerns than what was previously proposed. The ARC approved the project and <br /> provided a certificate. <br /> GENERAL CRITERIA <br /> The subject property located at 30 Sand Dollar Lane is approximately 10,900 square feet. <br /> There was one abutter who spoke at the hearing with concerns regarding the guidelines <br /> under the ARC (Architectural Review Committee), the New Seabury Special Permit and <br /> water views. The ARC is a private entity and does not involve the Zoning Board of <br /> Appeals. <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 /> 5 <br />