12/14/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Jessica Joy Wender-Shubow 22 Crescent Road(Map 57 Parcel 68) Mashpee, MA 02649 SP-2022-58 Mr. Bunker said that the septic system can be changed. The system is 100 ft. away and nitrogen is not a critical factor. The Conservation Comments were read into the record; "this project was approved by the Commission at their November 10'h meeting. Board of Health comments read into the record; "septic submitted is suitable for proposed dwelling." Mr. Morris said that the driveway will be subject to fire protection under Section 174-32. The street and driveway will need to conform for fire apparatus access, and will be reviewed during the permitting process. There were no more comments from the Board GENERAL CRITERIA The subject property located at 22 Crescent Road is approximately 2.86 acres. There were no abutters present. 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 Owner, Jessica Joy Wender-Shubow under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing, 2