09/14/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Michael P. Muccio and Kelly L. Muccio Trustees of the 17 Overlook Knoll Road Realty Trust 17 Overlook Knoll Road (Map 118 Parcel 36) Mashpee, MA 02649 SP-2022-34 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. 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, September 14, 2022,the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owners, Michael P. and Kelly L. Muccio of 17 Overlook Knoll Road under §174-17.1 of the Zoning Bylaws to allow for a raze and replace of an existing non-conforming single family dwelling with a new single family dwelling on property located in the R-3 and Popponesset Overlay District Zoning Districts, Map 118 Parcel 36, Mashpee, MA 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. Existing Plot Plan: Prepared for: 17 Overlook Knoll Rd, Scale: 1"= 10', Date: March 7, 2022, Prepared by: Flaherty& Stefan, Inc., Plymouth, MA. 3. Proposed -Sewage Disposal Plan, Prepared for: Michael P. & Kelly L. Muccio, 17 Overlook Knoll Rd.,Date: August 2, 2022, Drawn by: MMF, Scale: 1"= 10', Dwg: 17 Overlook Knoll Site 8/2/22. Prepared by: Flaherty & Stefan, Inc. 4. House Plans:Muccio Residence, 17 Overlook Knoll Rd.,Prepared by:Designs by SPB, Pocasset, MA. Plan date: 6/24/22, Scale: 1/4" = 1', Al: Proposed Left Elevation, Right Elevation,Front Elevation, Rear Elevation, A2: Proposed First Floor and Second Floor Layout, S1: Finished Basement Layout, Foundation Plan, S2: First and Second Floor Framing, S3: Roof/Ceiling Framing Plan. 5. Conditioned on all Town Department comments read into the record including but not limited to Board of Health comments. 6. Conditioned that any changes to the plans will require the applicant to return to this Board. 3