01/11/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Samuel Ordonez and Cielo Ordonez 49 Clover Lane(Map 117 Parcel 328) Mashpee, MA 02649 SP-2023-02 The bylaw Section 174-17.1 allows for alterations, changes, and expansions to pre-existing non- conforming single and two family structures. In this particular case,the new structure that is being proposed improves some of the non-conforming conditions, and eliminates other conditions. There are three criteria that must be found to grant Special Permit relief. First, there are no new non-conformities being created, absent Variance relief. Second, there is adequate land area to provide sufficient parking. Third, any change, extension, or alteration of the pre-existing non- conformities will not be substantially more detrimental than what existed prior to removal of the existing structure. The front yard setback will improve as shown on the plans provided in the written presentation. The existing is 21.5 ft. setback from Clover Lane is proposed to be 23 ft. and will remain non- conforming. The side yard setback on the southerly side is currently 10.6 ft., and will become conforming at 15 ft. to the current zoning requirement. The current building code will require a Letter of Map Amendment (LOMA) application of the flood plain for the new structure. The existing lot coverage is non-conforming and will remain non-conforming. The improvements will include a new denitrification septic system,a new building code compliant dwelling, the front yard setback to Clover Lane is improving, and the southerly side yard setback is being eliminated. The Board will find that the proposed is not substantially more detrimental to the neighborhood than the existing condition and its impact on the neighborhood. The Conservation Commission and the Board of Health have approved this project. GENERAL CRITERIA The subject property located at 49 Clover Lane is approximately 6,500 square feet. The Board of Health comments were read into the record; "Septic approved for 3 bedroom. The pest inspection was performed on December 13, 2022."The Conservation Department comments were read into the record; "the Conservation Commission has approved the project." 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. 2