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MASHPEE ZONING BOARD OF APPEALS
<br /> DECISION FOR A SPECIAL PERMIT
<br /> Owners, Samuel Ordonez and Cielo Ordonez
<br /> 49 Clover Lane (Map 117 Parcel 328)
<br /> Mashpee, MA 02649
<br /> SP-2023-02
<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, January 11, 2023
<br /> the Zoning Board of Appeals voted four to one(4-1) to issue a Special Permit to Owners, Samuel
<br /> and Cielo Ordonez under §174-17.1 of the Zoning Bylaws to allow for a raze and replace of a pre-
<br /> existing non-conforming single family dwelling on property located in an R-3 Zoning District,and
<br /> Popponesset Overlay District, at 49 Clover Lane, Map 117 Parcel 328, Mashpee, MA with the
<br /> 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. Sewage Disposal System- Prepared for: Samuel & Cielo Ordonez, 49 Clover Lane, Date:
<br /> November 15, 2022, Drawn by: MMF, Scale: 1" = 10', Dwg. Name: 49 Clover Lane, Site
<br /> Plan 11/15/2022, Prepared by: Flaherty & Stefani, Inc., Stamped and signed by: John R.
<br /> Farren, Professional Land Surveyor, No.: 33590, and Mark M. Flaherty, Registered
<br /> Professional Engineer,No. 33853.
<br /> 3. House Plans — Ordonez Residence, 49 Clover Lane, Mashpee, MA, Plan Date: 11-15-22,
<br /> Drawn by: SPB, Scale: 1/4" = 1', Prepared by: Designs by SPB, Signed and stamped by:
<br /> John Martin, Structural Registered Professional Engineer, No.: 34288. Al: Right, Front,
<br /> Rear, and Left Elevations, A2: Proposed First and Second Floor Plans, Sl: Proposed
<br /> Foundation Plan, First Floor Framing Plan,and Section A, S2: Second Floor Framing Plan
<br /> and Roof Framing Plan.
<br /> 4. Conditioned on all Town Department comments read into the record.
<br /> 5. The Board finds that the application as submitted will not be substantially more
<br /> detrimental than what existed prior to removal of the existing structure. There is adequate
<br /> land area to provide sufficient parking, and there are no new non-conformities being
<br /> created.
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