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MASHPEE ZONING BOARD OF APPEALS <br />DECISION FOR A SPECIAL PERMIT <br />Owners, Russell J. McDonald and Susan Hanley McDonald <br />114 & 118 Ninigret Avenue <br />(Map 65 Parcels 63 and 64) <br />Mashpee, MA 02649 <br />SP-2022-43 <br />The new home will be a significant improvement to the neighborhood, and the homeowners <br />received favorable comments from the neighbors. <br />GENERAL CRITERIA <br />The subject property located at 114 & 118 Ninigret Avenue is approximately 15,625 square feet. <br />The Board of Health and the Conservation Department comments were read into the record. <br />There was one abutter present. <br />There were no 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 Attorney <br />General 1-9-2019. <br />No pre-existing, non -conforming single or two (2) family dwelling structures shall be torn down <br />and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning Board of <br />Appeals. Such a Special Permit may be granted only if the Zoning Board of Appeals finds that <br />any changes, extensions, alterations or reconstruction of the pre-existing non -conformities are <br />not substantially more detrimental than exists prior to removal of the existing structure and that <br />there is adequate land area to provide sufficient parking. In no case shall new non -conformities <br />be permitted without the issuance of a Variance. <br />SPECIAL PERMIT CONDITIONS <br />In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. <br />Upon motion duly made and seconded at the Public Hearings on Wednesday, October 12, 2022, <br />the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owners, Russell J. <br />and Susan Hanley McDonald under §174-17.1 of the Zoning Bylaws to raze and replace a two <br />bedroom cottage located on 118 Ninigret Avenue, and rebuild a new single family residential <br />structure on properties 114 and 118 Ninigret Avenue, located in an R-3 Zoning District, Map 65 <br />Parcels 63 and 64, Mashpee, MA with the following conditions; <br />1. The Board has determined that the applicant meets all the conditions of a Special Permit <br />under Mass General Law 40A Section 9. <br />2 <br />