12/14/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Steven Fagell and Phyllis Fagell 2 Cross Tree Way (Map 112 Parcel 19) Mashpee,MA 02649 SP-2022-56 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. SPECIAL PERMIT CONDITIONS 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, December 14, 2022 the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owners, Steven and Phyllis Fagell under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace a pre- existing, nonconforming single-family dwelling on property located in an R-3 Zoning District, at 2 Cross Tree Way, Map 112 Parcel 19, 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. Site Plan— 2 Cross Tree Way, Prepared for: Steven & Phyllis Fagell, Sheet 1 of 1, Date: October 4, 2022, Drawn by: RLR, Checked by: MC, Prepared by: Cape & Islands Engineering. Stamped and signed by:Matt Costa,Professional Land Surveyor,No.: 52282, and Raul Lizardi-Rivera, Professional Engineer, No.: 46845. 3. House Plans—2 Cross Tree Way, Architect: Rob Bramhall,Date: 10/12/2022, A101: First Floor Plan, A102: Second Floor Plan, A201: Exterior Elevations, A202: Exterior Elevations 4. Conditioned on all Town Department comments read into the record, and any other conditions that may be required by the Town of Mashpee Boards and Commissions. 5. Any changes to the plans will require the applicant to seek and obtain approval from this Board. 3