01/25/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT George C. Silvestro, Jr. and Mary L. Silvestro, Trustees 80 Waterway(Map 105 Parcel 214) Mashpee, MA 02649 SP-2023-05 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, January 25, 2023 the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owners, George C. and Mary L. Silvestro, Trustees of 80 Waterway under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing, non-conforming single family dwelling, and replace it with a new single family dwelling on property located in an R-3 Zoning District, Map 105 Parcel 214, 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. Existing Conditions Plan— 80 Waterway, Prepared for George Silvestro, Mashpee, MA. Plan Date: January 5, 2022, Plan Scale: 1" = 10', Prepared by: Falmouth Engineering, Project No.: 16031 MLW, Drawn by: LM, Sheet 1 of 2. Stamped and signed by: Gary S. Labrie,No.: 40039, Professional Land Surveyor, dated 1/14/22. 3. Site Plan—Proposed House, 80 Waterway, Prepared for George Silvestro, Mashpee, MA. Plan Date: January 5, 2022, Plan Scale: 1" = 10', Prepared by: Falmouth Engineering, Project No.: 16031 MLW, Drawn by: LM/MB, Sheet 2 of 2. Stamped and signed by: Michael J. Borselli, Civil Engineer, No.: 35054, and Gary S. Labrie, Professional Land Surveyor,Date: 12/12/22. Said site plan to be amended prior to the application of a building permit with the following: 3